× Members

ESA Mandatory Reconsideration Notice sent early

More
6 years 9 months ago #204629 by Gordon

layla28 wrote: Sorry, I don’t understand what you mean by “a new Decision will limit any award made from your appeal” ?


The Tribunal re-make the original Decision and any change applies from the same date, the ESA50 will result in a new Decision which supersedes any previous Decision. So as a worst case scenario, if the Tribunal awards the SG and the ESA50 results in the WRAG again then it is the WRAG result that will be carried forward, even if the Tribunal Decision is actually made later.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: layla28

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #204651 by layla28
Thank you for your reply. The DWP failed to notify me of the decision made on 21/10/17 - Form LT54/ESA56 was not fully completed by the decision maker and I can see from looking at a copy of this Form that the decision maker failed to fully complete the Form and failed to complete the section "notify to customer on form/letter on ....." - this section was left completely blank. I am aware that this does not invalidate the 21/10/17 decision, but my understanding is that a decision is not fully effective until the date that it has been notified by DWP to the claimant? I only discovered the decision 'by accident' on 7/11/17 when I phoned DWP about a non-payment issue, and the call centre advisor informed me that I had been moved into the WRAG. I requested a call-back, which I received from DWP on 9/11/17, and the advisor informed me they could see that no notification of the decision made on 21/10/17 had been actioned nor sent to me. During the DWP call-back on 9/11/17 I requested a written notification of the decision to be sent to me, my decision letter is dated 9/11/17. My understanding is that a decision is not fully effective until it is acted upon and notified by DWP to the claimant - in my case this was on 9/11/17, so does that mean that I have until 9/2/17 before the DWP can request me to complete an ESA50? Thank you for your help.

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #204660 by layla28
Thank you for your reply. This feels like a never-ending nightmare which has been ongoing ever since notification of my re-assessment arrived in the post in January 2017. From your previous advice, my understanding is that retrospective evidence cannot be taken into account for appeal purposes, but in the ESA50 which I have recently been sent for completion, I can make it clear that my condition has deteriorated since the decision notified to me on 9/11/17?

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #204662 by Gordon
Layla

I'm afraid you are misunderstanding the requirement.

Legally a Decision has no force if the claimant is not notified of it but that does not necessarily change the date that it applies from when the claimant actually does eventually receive notification.

You might be to appeal the Decision date because you did not receive notice within a reasonable timescale, but this would be totally a separate process from appealing the content of the Decision and would likely take far longer to be resolved than the timescales for your completing the ESA50, so you would still have to complete it or risk your claim being closed.

Gordon

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #204663 by layla28
If the worst case scenario does happen, would that mean I would have to go through the mandatory reconsideration process again, and possibly the appeal process all over again as well?

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #204666 by Gordon

layla28 wrote: If the worst case scenario does happen, would that mean I would have to go through the mandatory reconsideration process again, and possibly the appeal process all over again as well?


Yes a new Decision creates a new right of appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.