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ESA Mandatory Reconsideration Notice sent early

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6 years 2 months ago #204669 by Gordon

layla28 wrote: Thank you for your reply. This feels like a never-ending nightmare which has been ongoing ever since notification of my re-assessment arrived in the post in January 2017. From your previous advice, my understanding is that retrospective evidence cannot be taken into account for appeal purposes, but in the ESA50 which I have recently been sent for completion, I can make it clear that my condition has deteriorated since the decision notified to me on 9/11/17?


Yes, you can refer to your current problems in the ESA50.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 2 months ago #204672 by layla28
Thank you for your advice. To make matters less complicated for me, if I ignore the fact that the DWP failed to notify me of the 21/10/17 decision until I requested a written notification on 9/11/17 - does that mean that a new reassessment should still not have been initiated until 21/1/18? (ie, 3 months elapsed since decision made 21/10/17). The cover letter from CHDA attaching the ESA50 is dated 14/1/18 and states that I have to return ESA50 by 14/2/18. Would I need to contact Centre for Health & Disability Assessments if I do want to request an extension on this deadline? Do the DWP not necessarily have to even wait for 3 months to elapse from making a decision, before initiating completion of ESA50?

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6 years 2 months ago #204676 by Gordon
Layla

It's not a battle worth undertaking in my opinion.

The ESA legislation allows no extension to the four weeks given to complete the ESA50. The Assessment Provider has no authority to change the date even if it was allowed and if you contact the DWP you are arguing about a few days when you could be completing the form.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 2 months ago #204682 by layla28
The DWP previously accepted as good cause the reasons I gave for being unable to complete ESA50 questionnaire - owing to my state of health - I feel this showed evidence of the DWP's acceptance of my limitations, and I used this as an example in my mandatory reconsideration request regarding activity 13, initiating and completing personal action (I attached a copy of my mandatory reconsideration letter with my SSCS1 grounds for appeal). I will need help to complete ESA50 and I will also ask my GP to write a letter to attach to the questionnaire - from my nightmare experience of DWP during my re-assessment, I would not be surprised if they try to make it count against me if I do complete and return ESA50.

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6 years 2 months ago #204692 by layla28

layla28 wrote: The DWP previously accepted as good cause the reasons I gave for being unable to complete ESA50 questionnaire - owing to my state of health - I feel this showed evidence of the DWP's acceptance of my limitations, and I used this as an example in my mandatory reconsideration request regarding activity 13, initiating and completing personal action (I attached a copy of my mandatory reconsideration letter with my SSCS1 grounds for appeal). I will need help to complete ESA50 and I will also ask my GP to write a letter to attach to the questionnaire - from my nightmare experience of DWP during my re-assessment, I would not be surprised if they try to make it count against me if I do complete and return ESA50.

I would be grateful for your opinion on this please - if I do get help to complete and return ESA50, do I need to make sure I state this on the questionnaire?

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6 years 2 months ago #204708 by Gordon
Layla

Yes, you need to explain how you have completed the ESA50 when you return it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: layla28

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