Can you advise please how one goes about asking for an ESA award to be reviewed in the light of a change of circumstances? Also, in view of the recent legal ruling that the one month time limit on requesting reconsideration of a decision cannot be legally enforced - how far back would an (ESA) decision have to be for this NOT to apply. For example, could a decision taken 2 years ago and wrong at the time but not challenged be put through the recon and if necessary appeal process now? grateful for clarification on these points
If your conditions have improved then you must tell the DWP, if they have worsened then the DWP are usually a lot less bothered about being informed, one of the things to consider is whether you would meet the criteria for a higher award.
If you intend to report a Change then write to the DWP office dealing with your ESA claim explain that your conditions have changed, if you can afford it send it using a tracked post so you have proof of delivery as the date of your letter should be used to set the Decision Date.
Decisions can be challenged up to 13 months after they were made, you will need to provide reasons for the Late request which must be accepted for the Decision to be looked at, howver, I can't remember the last time a Late request was rejected.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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