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ESA Mandatory Reconsideration Notice sent early

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6 years 3 months ago #203809 by Gordon
Layla

As I said, the Tribunal Service will have no interest in how the DWP managed, or did not manage the MR process, their only interest is whether you meet the criteria for the Support Group.

You don't have to provide detailed reasons for your appeal on the SSCS1, but if it is easier for you to attach your MR letter to the form then this should be acceptable, although I would explain on the form what you done. There is a sample completed SSCS1 in the Submissions document in the ESA area.

www.benefitsandwork.co.uk/help-for-claimants/esa1

The DWP have updated their guidance to assessors and Decision Makers in regard to Regulation 35, so this may be the reason that you been moved out of the Support Group, the current ESA Claim guides have details of the changes.

Gordon

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6 years 3 months ago #204038 by layla28
I would be grateful for any advice you can give me please - my Appeal Form SSCS1 was received back to Appeals Centre last Friday, within 30 day deadline of DWP's MR Notice. In my grounds for appeal I wrote a final sentence to inform that I will be submitting further medical evidence after my GP returns from leave (my Doctor was away during xmas and new year and only recently returned from holiday). I have spoken to my GP on the phone and she said she will write me a medical support letter. My questions are - at what point will I know exactly what criteria the DWP would expect me to meet in the WRAG? Do the DWP have to state exactly what they would expect of me for purposes of responding to the Appeals Centre? If so, should I wait until I know exactly what criteria they expect me to meet, before I ask my doctor to write me a letter of support?

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6 years 3 months ago #204049 by Gordon
Layla

Once the DWP are notified of your appeal request they will prepare and send their submission for the appeal, this will include any Work Relate Activity that they believe that you are capable of, you should receive this in the next three or four weeks.

I would wait for the DWP submission before sending in your own but don't wait to start preparing your own submission.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #204090 by layla28
Hello, thank you for your reply. In the post today I received a letter from HM Courts & Tribunals Service, which states they have asked the DWP to prepare a written response to my appeal. When I receive the DWP's submission bundle, will the DWP have to state exactly what work-related activities I would be expected to undertake? My GP has already informed DWP and CHDA that stressful situations put me at risk of my mental health worsening further, and I am finding this a highly stressful situation which is already having a detrimental effect on me. I am unsure whether to ask my doctor to write a letter this week, stating that work related activities will put me at substantial risk of my mental health deteriorating further, or wait to receive the DWP's submission so I can see what work related activities the DWP state they expect me to participate in, taking into account my limitations (in my WCA the HCP scored me 9 points for social engagement and 9 points for going out). I suffer with agoraphobia (in 1999 I was diagnosed with panic disorder/social phobia), recurrent anxiety disorders and depression - my WCA was carried out as a home visit due to my agoraphobia - I would not be able to travel to the jobcentre for work focused interviews. I'm not sure whether to wait to see whether the DWP state I can do home based work related activities, before I ask my GP to write a letter?

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6 years 3 months ago #204113 by Gordon
Layla

The DWP submission should include a list of the Work Related Activities that the DWP believe that you can do.

I would wait for the list before you speak to your GP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #204127 by layla28
Thank you for your reply, I spoke to my GP on the phone before she went on leave for Xmas and New Year, she prescribed me additional diazapam because I have been in such a panic about being moved from support group to wrag, and she said she will also write a letter to support my appeal. I agree with your advice, to wait until I see a list of what work related activities the DWP believe I can do, before discussing what issues would need to be covered in my GP's letter. I doubt the DWP are going to be reasonable about the work related activities they expect me to be capable of though - in my MR Notice letter it states "there is no evidence that finding you capable of work related activity would place you at substantial risk in the context of the journey to and from the jobcentre or other provider, or whilst there." This statement completely contradicts their acceptance of my home visit assessment, and completely contradicts all of my GP's advice during my re-assessment. Even the HCP stated in my personalised summary statement that I will have significant problems in leaving my house and significant problems in dealing with unknown people. The DWP did not provide any acknowledgement of this advice, the only acknowledgement of my problems so far has been their acceptance of my need for a home visit assessment, and their acknowledgement that I am not fit for work o/a scoring 9 points for social engagement and 9 points for going out. I would need to know exactly what wra's would be involved for the purposes of my appeal submission, and also for my GP's letter. For the purposes of my appeal/the tribunal, do the DWP have to provide a precise list of personalised work related activities taking into account all of my limitations?

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