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Mandatory reconsideration mess
- Els
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6 years 10 months ago #191512 by Els
Mandatory reconsideration mess was created by Els
I had my ESA taken away 4th April after a work capability Assesment, I scored 12/15 points. There were a few fibs put into the outcome of my assessment but I tried not to concentrate too much on that part of it. I went to my local CAB and had some help putting together my Mandatory reconsideration, which included extra evidence from my Rheumatologist.
I sent the documents by 'recorded delivery' on the 2nd May, I received more evidemce from my pain clinic so forwarded that by 'recorded delivery' the next day. I tracked them both and they were signed in the next day at Wolverhampton.
I called on the 14th May to see what happens next. I was told no documents had been received, I explained how I had sent them and that I had the names of the people who signed them in. I was told to send them again or take them to my local benefit office. I sent everything as 'special delivery' on the 15th May. I called to check they had them on the 19th, they didn't know. Called again on the 26th May and was told they had received them but they hadn't been assigned to anyone. I called again on the 2nd June, they told me an advisor would call me that day, they didn't. I called on the Monday and was told their offices had moved so my case is in Halifax but will be assigned asap. They called me 7th June to say my case was in Wembley with an assesor and it should take 14 days.
I called this morning (20th June) and was told I had been turned down again despite the further evidence being sent. WHAT A NIGHTMARE!! I was told I could claim ESA while I was waiting for the tribunal. Why couldn't I claim while I was waiting for the reconsideration? My partner is a self employed Carpenter so we aren't struggling but surely I should be entitled to something?
This is all so unfair. Can i have some advice on what to do now.? Obviously I will apply to go to the tribunal but am I missing anything else I should be doing? Thanks in advance
I sent the documents by 'recorded delivery' on the 2nd May, I received more evidemce from my pain clinic so forwarded that by 'recorded delivery' the next day. I tracked them both and they were signed in the next day at Wolverhampton.
I called on the 14th May to see what happens next. I was told no documents had been received, I explained how I had sent them and that I had the names of the people who signed them in. I was told to send them again or take them to my local benefit office. I sent everything as 'special delivery' on the 15th May. I called to check they had them on the 19th, they didn't know. Called again on the 26th May and was told they had received them but they hadn't been assigned to anyone. I called again on the 2nd June, they told me an advisor would call me that day, they didn't. I called on the Monday and was told their offices had moved so my case is in Halifax but will be assigned asap. They called me 7th June to say my case was in Wembley with an assesor and it should take 14 days.
I called this morning (20th June) and was told I had been turned down again despite the further evidence being sent. WHAT A NIGHTMARE!! I was told I could claim ESA while I was waiting for the tribunal. Why couldn't I claim while I was waiting for the reconsideration? My partner is a self employed Carpenter so we aren't struggling but surely I should be entitled to something?
This is all so unfair. Can i have some advice on what to do now.? Obviously I will apply to go to the tribunal but am I missing anything else I should be doing? Thanks in advance
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6 years 10 months ago #191523 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration mess
Els
I'm afraid the law does not allow a claimant to receive ESA during the Mandatory Reconsideration, your only option at that time was to claim JSA.
If you make an appeal then the ESA Assessment rate does then become payable, you will need to provide a Fit Note to enable to enable payment and if this can be back dated to the day after you were found Fit for Work then the payments should be paid from that date.
As to how the DWP have handled your case, you seem to have more than enough reason to make a formal complaint.
Complaining to the DWP
If you have further questions then please reply to this post and we will do our best to help.
Gordon
I'm afraid the law does not allow a claimant to receive ESA during the Mandatory Reconsideration, your only option at that time was to claim JSA.
If you make an appeal then the ESA Assessment rate does then become payable, you will need to provide a Fit Note to enable to enable payment and if this can be back dated to the day after you were found Fit for Work then the payments should be paid from that date.
As to how the DWP have handled your case, you seem to have more than enough reason to make a formal complaint.
Complaining to the DWP
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Els
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6 years 9 months ago #192116 by Els
Replied by Els on topic Mandatory reconsideration mess
I would like to get legal representation as I can't fit this on my own, or attend the actual tribunal. I'm just unsure of the best companies to use for these cases?
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6 years 9 months ago #192138 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration mess
Els
Benefit Law is a specialist area so you may struggle to find someone to help you.
Start by doing an internet search for "welfare advice" with your postcode, town or county.
Next try contacting and charities that specialise in your medical conditions they sometimes have advocates that can help.
You can try finding a solicitor, but they will obviously charge.
www.gov.uk/government/publications/direc...-legal-aid-providers
Gordon
Benefit Law is a specialist area so you may struggle to find someone to help you.
Start by doing an internet search for "welfare advice" with your postcode, town or county.
Next try contacting and charities that specialise in your medical conditions they sometimes have advocates that can help.
You can try finding a solicitor, but they will obviously charge.
www.gov.uk/government/publications/direc...-legal-aid-providers
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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