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ESA Mandatory Request
- Andy
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4 years 2 months ago #256044 by Andy
ESA Mandatory Request was created by Andy
I have been placed in the wrag group for esa. When I contacted dwp to ask where I scored points they said that I hadn't scored any points at all and I qualified for wrag group because I had mentioned harming myself. Is this under reg 29 of the esa test? In a mandatory reconsideration should I basically go through the esa50 form again and completely rewrite all my evidence and submit that, as I don't think I did a very good job of it the first time.
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- Catherine
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4 years 2 months ago #256048 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic ESA Mandatory Request
Hello Andy,
Yes, your placement in the wrag group sounds like a reg 29 placement. If you are considering a MR, have you requested the assessment report? This might give an indication as to why you failed to score any points, and could help you prepare your MR.
Only you can say whether or not it is worth going through each criteria in the form again. If you really think you did a poor job of it first time, then it is probably worth a go. Do have a look at our guides which will help you to present your case, and indeed assess whether or not you have a case to make.
UC & ESA resources
However, when you see the report, I would advise you to also consider why you have been placed in the WRAG group and not the Support Group under reg 35. The difference almost certainly the degree of risk they believe that you are in. This is where evidence could become critical.
As ever, we would be amiss not to remind you that asking for a MR does mean that they look at the whole claim again, and there is always a risk, that you could lose what they have awarded you.
Catherine
Yes, your placement in the wrag group sounds like a reg 29 placement. If you are considering a MR, have you requested the assessment report? This might give an indication as to why you failed to score any points, and could help you prepare your MR.
Only you can say whether or not it is worth going through each criteria in the form again. If you really think you did a poor job of it first time, then it is probably worth a go. Do have a look at our guides which will help you to present your case, and indeed assess whether or not you have a case to make.
UC & ESA resources
However, when you see the report, I would advise you to also consider why you have been placed in the WRAG group and not the Support Group under reg 35. The difference almost certainly the degree of risk they believe that you are in. This is where evidence could become critical.
As ever, we would be amiss not to remind you that asking for a MR does mean that they look at the whole claim again, and there is always a risk, that you could lose what they have awarded you.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Andy
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4 years 2 months ago #256138 by Andy
Replied by Andy on topic ESA Mandatory Request
Hi Catherine
Thanks for answering my question. I have put in a request for the assessment report and hopefully this will show where I failed to show evidence of my disability. I am also going to argue reg 35 should apply to me as I believe I pose a risk if I was not found to have limited capability for work. Also, as I have reached the maximum 365 days for CB ESA I really have nothing to lose going for a mandatory reconsideration.
Thanks for answering my question. I have put in a request for the assessment report and hopefully this will show where I failed to show evidence of my disability. I am also going to argue reg 35 should apply to me as I believe I pose a risk if I was not found to have limited capability for work. Also, as I have reached the maximum 365 days for CB ESA I really have nothing to lose going for a mandatory reconsideration.
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- Catherine
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4 years 2 months ago #256140 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic ESA Mandatory Request
Hi Andy,
We do aim to help!
I am not quite clear from reading the combination of your posts if the risk which you pose is to yourself or to other people. Both count, but you need to be clear when you make your MR. For some people both apply.
Rememer that you are free to include additional supporting evidence.
Wishing you success,
Catherine
We do aim to help!
I am not quite clear from reading the combination of your posts if the risk which you pose is to yourself or to other people. Both count, but you need to be clear when you make your MR. For some people both apply.
Rememer that you are free to include additional supporting evidence.
Wishing you success,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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