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Template Letter For Mandatory Reconsideration
- karencharlton
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7 years 4 weeks ago #209430 by karencharlton
Template Letter For Mandatory Reconsideration was created by karencharlton
Hello
My husband been on ESA for years now, but he was asked to go for a renewal face to face 2 weeks ago. He arrived with my daughter 10 mins before as they ask for but apparently they were running 2 hours behind [his app was for 3.45] so they said he had to go home and come back the next morning at 10.30 as the accessor was finished at 4.30 and it was 4.25 by now . So he returned the next morning, which was so stressful as you can imagine. Last sunday morning he got a call on his mobile which I answered and I asked who it was the woman said DWP so i passed it to my husband, in those couple of seconds the phoned battery died. As soon as it had a bit of charge in the battery, we checked the phone to try and ring back but it wasn't a line that could be called, so we found another number and spoke to someone that told us my husband had not received any points and had been taken off ESA. The report came today and oh my god the lies and misinterpretations in that report are unbelievable. We are of course going to fight this, as his condition is worse and he has another operation to go through soon on his spine. I don't know where to start is there a template letter to look at on this site for the MR ? what do you have to say in the letter ? do we include all of the drama of the face to face appointments ? and finally do we ring them before we send in the letter for the MR or just send the letter ?....Sorry if this is a bit long winded
My husband been on ESA for years now, but he was asked to go for a renewal face to face 2 weeks ago. He arrived with my daughter 10 mins before as they ask for but apparently they were running 2 hours behind [his app was for 3.45] so they said he had to go home and come back the next morning at 10.30 as the accessor was finished at 4.30 and it was 4.25 by now . So he returned the next morning, which was so stressful as you can imagine. Last sunday morning he got a call on his mobile which I answered and I asked who it was the woman said DWP so i passed it to my husband, in those couple of seconds the phoned battery died. As soon as it had a bit of charge in the battery, we checked the phone to try and ring back but it wasn't a line that could be called, so we found another number and spoke to someone that told us my husband had not received any points and had been taken off ESA. The report came today and oh my god the lies and misinterpretations in that report are unbelievable. We are of course going to fight this, as his condition is worse and he has another operation to go through soon on his spine. I don't know where to start is there a template letter to look at on this site for the MR ? what do you have to say in the letter ? do we include all of the drama of the face to face appointments ? and finally do we ring them before we send in the letter for the MR or just send the letter ?....Sorry if this is a bit long winded
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7 years 4 weeks ago #209469 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Template Letter For Mandatory Reconsideration
K
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Your primary task is to show that he meets the criteria, there are many reasons he may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that he walked 50m, he did but they have failed to document that he had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Your primary task is to show that he meets the criteria, there are many reasons he may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that he walked 50m, he did but they have failed to document that he had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- karencharlton
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7 years 4 weeks ago #209485 by karencharlton
Replied by karencharlton on topic Template Letter For Mandatory Reconsideration
Thankyou Gordon I Will do
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7 years 2 weeks ago #210112 by karencharlton
Replied by karencharlton on topic Template Letter For Mandatory Reconsideration
We have now sent off our MR for my husband ESA, he went from being in the support group to ZERO POINTS. It has taken a week to do with the help from this site, so fingers crossed although the statistics don't give me much hope. But we will go on to do a tribunal.
He has had to go and claim JSA this morning, as we unfortunately, aren't in the position not to, but have been advised when he receives his first payment to go and get a fit note ? Can anyone advise if this is correct.
He has had to go and claim JSA this morning, as we unfortunately, aren't in the position not to, but have been advised when he receives his first payment to go and get a fit note ? Can anyone advise if this is correct.
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7 years 2 weeks ago #210125 by Gordon
Yes, once the JSA claim is accepted and in payment then he can present a Fit Note and should then be excused from his claimant commitment for up to 13 weeks.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Template Letter For Mandatory Reconsideration
K wrote: He has had to go and claim JSA this morning, as we unfortunately, aren't in the position not to, but have been advised when he receives his first payment to go and get a fit note ? Can anyone advise if this is correct.
Yes, once the JSA claim is accepted and in payment then he can present a Fit Note and should then be excused from his claimant commitment for up to 13 weeks.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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