- Posts: 8
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- ESA Mandatory Reconsideration, Can i add info?
ESA Mandatory Reconsideration, Can i add info?
- mike123
- Topic Author
- Offline
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51106
poppysammy wrote: Gorden you must have experienced a different scenario/experience to myself! The DWP clearly states in all my correspondence/s etc that a One month (appeal)rule applies to all benefit claimants. After the one month date your claim will be cancelled.
I myself have successfully appealed a DWP descion nine months later and won my case! This resulted in a back payment of £3,800 for me!
It has nothing to do with my "experience" of benefits, I am referring to the law!
Claimants can make a Late request for an MR up to 13 months after the date of the Decision being challenged, providing they provide Good Reason for it being late and those reasons are accepted.
I'm not sure what you mean by "claim will be cancelled" but taking it as written this is also not the case.
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.
- Gordon
- Offline
- Posts: 51106
mike123 wrote: would it be a good or bad idea to say that im willing to take this to a appeal/tribunal as i believe i should be in the support group?. In different words ofcourse, could this help or go against me?
I don't think there is any advantage or disadvantage to your doing so, the Decision carries a right of appeal once the MR is completed, the DWP staff dealing with your problem know this.
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.
- mike123
- Topic Author
- Offline
- Posts: 8
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
- Posts: 9439
The PIP assessor and Decision Maker are unlikely to look at your ESA paperwork - and vice versa. However, don't forget that the criteria for the 2 benefits are quite different (even where they appear to be the same) so make sure you take this into account.
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.
- mike123
- Topic Author
- Offline
- Posts: 8
Mrs Hurtyback wrote: Hi Mike,
The PIP assessor and Decision Maker are unlikely to look at your ESA paperwork - and vice versa. However, don't forget that the criteria for the 2 benefits are quite different (even where they appear to be the same) so make sure you take this into account.
right ok thank you
Please Log in or Create an account to join the conversation.