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DWP Phone call mandatory reconsideration rejected

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6 years 3 months ago #203158 by Peter Parker
First apologies for starting new topic regarding my esa support group/wrag. Difficult on phone.

I received a call regarding mandatory reconsiderstion as i was moved to wrag from SG. The DWP man was incredibly difficult to understand as had a thick accent similar to Nigerian. Anyway, despite this i managed to understand that i despite being on SG and no chance of mental health changing only managed to qualify for wrag due to 'moderate' suicide risk. Otherwise, i would be taken off esa entirely and back to jsa. I said why did dwp put me on SG in the first place and then when they tried to put me on wrag last year the tribunal moved me back to SG. He didn't answer and talked over me. The assessor also said i was alone at appointment when in fact my mum was there whole time. I said thats not true and i want to challenge decision. He wouldn't tell me how to and put the phone down on me. My Gp apparently said i am fine because i have been to doctors surgery and ignored my many reports from 3 professional mental health people at Maudsley Hospital and others in nearby clinics. I don't know what to do. I feel like i have been kicked in the stomach.

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6 years 3 months ago #203185 by Gordon
Peter

Do you know how you qualified for the SG last time, the Decision Notice from the appeal should list the reasons?

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

You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum 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: Peter Parker

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6 years 3 months ago #203189 by Peter Parker
Replied by Peter Parker on topic DWP Phone call mandatory reconsideration rejected
Thank you Gordon. Good advice. The phone call was for my MR, not had it in writing as yet. I have medical report from assessment. Its not full of lies by them like my assessment last year although there are inaccuracies such as being alone there and eye contact, mood etc. I'll go through the report and last years tribunal award and check back with you. Again, many thanks.
The following user(s) said Thank You: Gordon

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6 years 3 months ago #203238 by Peter Parker
Replied by Peter Parker on topic DWP Phone call mandatory reconsideration rejected
Do the DWP have to inform me in writing about unsuccessful MR? My MR was quite brief compared to last years as from what I gathered most of them are unsuccessful compared to a tribunal. In last years tribunal which I didn't attend I was successfuly put back in SG as I qualified by Regulation 35. DWP seem to not score me on almost everything even though I know I should score on quite a few things. I do not understand how life long disabilities are supposed to 'recover' in their eyes and it appears to me they'll keep at it as often as they can until they get the correct decision for them.

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6 years 3 months ago #203243 by Gordon
Parker

Yes, you would receive two copies of a Mandatory Reconsideration Notice and you should also receive an explanation of why they have made the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Peter Parker

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6 years 3 months ago #203331 by Peter Parker
Replied by Peter Parker on topic DWP Phone call mandatory reconsideration rejected
I received my MR rejection notice moving me from SG to wrag today. I have a couple of questions. Will i lose my ESA severe disability premium that was awarded following successful PIP? As the notice mentions i do not in their opinion qualify for Regulation 35, is it worth me appealing? As some other subscriber said a while ago, to gain enough points means i and anyone applying for SG need to be actually dead. From what i have read on the medical report and MR rejection notice, i am begining to agree.

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