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Appeal and MR - clarification

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5 days 56 minutes ago #315332 by dancer22
Appeal and MR - clarification was created by dancer22
My son has scored 0 points on his WCA for ESA and is 'fit for work'.
I am his appointee.
I found this in the guides "If you have been found fit for work under the WCA, you can appeal without the need to apply for an
MR".
Should I apply for a MR as well as filling in the appeal form ?

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3 days 23 hours ago #315347 by David
Replied by David on topic Appeal and MR - clarification
Hi dancer22

I would send off a Mandatory Consideration as this occurrence is highly unusual. A DWP officer has interviewed your son and concluded that he is lacking the mental capacity to administer his Benefits. How long ago was the Appointeeship made and has your son's health improved greatly since?
I would also phone the DWP and ask for a copy of the Assessor's report, the ESA85.

David

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

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3 days 21 hours ago #315352 by dancer22
Replied by dancer22 on topic Appeal and MR - clarification
Appointee for 12 years. Health declined significantly hence not working and the WCA for ESA. I have the report and it's full of misrepresentations. I think I should complain to serco as well. Your advice is to do the MR as well as submit the appeal, is that correct?

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3 days 2 hours ago #315362 by David
Replied by David on topic Appeal and MR - clarification
Hi dancer22

No, my advice is to make the Mandatory Reconsideration and hopefully the DWP officer reviewing it will decide a mistake has been made. Yes, there is no harm in making a complaint to Serco as well. Let us know how you get on.

David

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

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