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TOPIC: Mandatory reconsideration for ESA

Mandatory reconsideration for ESA 2 months 3 weeks ago #197416

I am representing a relative who had been in the ESA Support group with mental health issues but after a Maximus assessment has now been awarded ESA and put into the work related activity group.

I have two main concerns. If I write to the DWP to request the "written statement of reasons for their decision", will they automatically extend the mandatory reconsideration deadline and give a new deadline date?

Also, if an SSC1 form (Notice of appeal against a decision of the DWP) is submitted will it be possible for me to write a letter on behalf of the claimant instead of the claimant filling in the "Grounds for appeal" section of the form? I would of course send a letter signed by the claimant giving me permission to write a letter on their behalf explaining the grounds of appeal.

Lastly, I have followed the ESA appeals guide and am concerned that if I ask for a "written statement of the DWP's reasons for their decision" that they will instead try to do this by phone instead of in writing. The guide states that the DWP has tried this many times and has sometimes been dishonest in what they tell people on the phone. Is there any way to avoid this happening, or will requesting this statement by letter be sufficient?

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Mandatory reconsideration for ESA 2 months 3 weeks ago #197443

Bertie

Our experience of claimants asking for a SoR is not good, I can count on one hand the times that members have reported actually receiving a SoR when requested and whilst requesting a SoR should automatically result in the time for am MR to be submitted, I would not rely on this.

My advice is to request a copy of the assessment report, either an ESA85 if the person had a face to face or an ESA85A if they did not. It would be rare for the DM not to follow the recommendation of the assessor. You can also ask for a copy of the LT54 if there is one, this is the document that DM's complete for some new Decisions.

There would be no problem with you writing the reasons for appeal as long as the claimant is happy with what you have written.

It is possible, if you ask for a SoR that they DWP will try to contact the claimant with the information, the simple answer is that they do not need to take the call and can simply reply that they have asked for the information in writing.

Gordon

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

Mandatory reconsideration for ESA 2 months 3 weeks ago #197448

Thanks, Gordon for the replies to my points.

I will write to the address on the letter which is ESA Belfast and request the ESA85 and LT54. I would hope that the deadline for the MR to be submitted will happen when I do this.

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