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ESA Mandatory Reconsideration
- Caroline
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6 years 4 months ago #203148 by Caroline
ESA Mandatory Reconsideration was created by Caroline
Just wanted some advice on what to do next -had f2f ESA assessment on 6th November . I was in support group form 2015 and received the dreaded letter yesterday that said I am now fit for work because I scored zero points . There are a lot of inconsistencies in the ESA65 letter but I don’t know if I should deal with each point individually in a letter or get more medical evidence from my doctor . I have Lymphodoema from Cancer that was on my ESA 50 that has been omitted and I have muscular skeletal problems that would prevent me from using a wheelchair as they have stated I need to use in a workplace . They also stated I walk to shops everyday ( I don’t because I shop online) and that I take pain meds as and when required but I take prescribed meds daily . Also, I made a new PIP application at the same time and this was successful -standard rate care so maybe this is why they stopped the ESA.? Any advice would be really appreciated because I feel like giving up
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6 years 4 months ago #203165 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Mandatory Reconsideration
Caroline
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
There are two thing you need to do, confirm that you meet one or more of the Support Group Descriptors, do you know how you qualified last time?
Once you have shown that you meet the criteria for an award, deal with the issues in the assessment report. If your GP is willing to comment on it then this may help.
In the interim the only benefits that you are entitled to at the moment are JSA or Universal Credit. If you make a claim for JSA then once your claim is accepted and in payment then you can present a new Fit Note and be excused any Claimant Commitment for up to 13 weeks.
If you are in a UC area then get face to face advice before making a claim as it may not be to your advantage to do so even though you will not be paid.
Gordon
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
There are two thing you need to do, confirm that you meet one or more of the Support Group Descriptors, do you know how you qualified last time?
Once you have shown that you meet the criteria for an award, deal with the issues in the assessment report. If your GP is willing to comment on it then this may help.
In the interim the only benefits that you are entitled to at the moment are JSA or Universal Credit. If you make a claim for JSA then once your claim is accepted and in payment then you can present a new Fit Note and be excused any Claimant Commitment for up to 13 weeks.
If you are in a UC area then get face to face advice before making a claim as it may not be to your advantage to do so even though you will not be paid.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Caroline
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6 years 4 months ago #203172 by Caroline
Replied by Caroline on topic ESA Mandatory Reconsideration
Hi Gordon
Thanks for your reply ,
I have requested the healthcare professionals report and advised them by telephone that I will be appealing and following up in writing .
I think I qualified for support group previously because of suicidal thoughts but the HCP told me I had no plans to do that this time !
I actually developed a cervical spondylosis since the last medical in 2015 which was in the ESA 50 but they seemed to have missed this on the report -I am going for regular physio but they said in the report that I don’t see a specialist .
I will try to claim job seekers allowance but I have only just been successful with my pip application and I don’t knowt that because I have been found fit for work they make cancel this too .
Many thanks
Caroline
Thanks for your reply ,
I have requested the healthcare professionals report and advised them by telephone that I will be appealing and following up in writing .
I think I qualified for support group previously because of suicidal thoughts but the HCP told me I had no plans to do that this time !
I actually developed a cervical spondylosis since the last medical in 2015 which was in the ESA 50 but they seemed to have missed this on the report -I am going for regular physio but they said in the report that I don’t see a specialist .
I will try to claim job seekers allowance but I have only just been successful with my pip application and I don’t knowt that because I have been found fit for work they make cancel this too .
Many thanks
Caroline
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- Gordon
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6 years 4 months ago #203177 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Mandatory Reconsideration
Caroline
If you qualified under the Substantial Risk rules last time then this may explain the Decision, first there is no presumption of on-going disability, the claimant must prove at each assessment that they meet the criteria as if it was a new claim.
Secondly the DWP have updated their guideline in this area and it is now significantly more difficult to receive an SG award through this route.
We haven't seen a PIP award removed due to a failed ESA claim, the criteria are too different.
You mention Cervical Spondylosis, how does this effect you ability to complete he ESA activities?
Gordon
If you qualified under the Substantial Risk rules last time then this may explain the Decision, first there is no presumption of on-going disability, the claimant must prove at each assessment that they meet the criteria as if it was a new claim.
Secondly the DWP have updated their guideline in this area and it is now significantly more difficult to receive an SG award through this route.
We haven't seen a PIP award removed due to a failed ESA claim, the criteria are too different.
You mention Cervical Spondylosis, how does this effect you ability to complete he ESA activities?
Gordon
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- Caroline
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6 years 4 months ago #203182 by Caroline
Replied by Caroline on topic ESA Mandatory Reconsideration
Hi Gordon
Thank you for your guidance -I am going to reiterate the details I gave on my ESA 50 regarding this ( I used your guides when completing this before ) and send them evidence that I am still seeing a specialist .
I will address all the inconsistencies in the report and refer them back to the ESA50 and hope this is enough . The points I received for PIP for washing ; bathing and preparing food I received zero for with the ESA - the report said I had no problems bathing and preparing food so Can I send them a copy of my PIP award letter to appeal this ?
Many thanks
Caroline
Thank you for your guidance -I am going to reiterate the details I gave on my ESA 50 regarding this ( I used your guides when completing this before ) and send them evidence that I am still seeing a specialist .
I will address all the inconsistencies in the report and refer them back to the ESA50 and hope this is enough . The points I received for PIP for washing ; bathing and preparing food I received zero for with the ESA - the report said I had no problems bathing and preparing food so Can I send them a copy of my PIP award letter to appeal this ?
Many thanks
Caroline
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- Gordon
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6 years 4 months ago #203186 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Mandatory Reconsideration
Caroline
You can send a copy of the PIP report but you must show it's relevance to the ESA activities, for example you mention washing and bathing and preparing food, these are not ESA activities and you will not score if you have problems with them.
Gordon
You can send a copy of the PIP report but you must show it's relevance to the ESA activities, for example you mention washing and bathing and preparing food, these are not ESA activities and you will not score if you have problems with them.
Gordon
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