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ESA Mandatory Reconsideration, Can i add info?

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7 years 5 months ago #174063 by mike123
would it be a good or bad idea to say that im willing to take this to a appeal/tribunal as i believe i should be in the support group?. In different words ofcourse, could this help or go against me?

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7 years 5 months ago #174072 by Gordon

poppysammy wrote: Gorden you must have experienced a different scenario/experience to myself! The DWP clearly states in all my correspondence/s etc that a One month (appeal)rule applies to all benefit claimants. After the one month date your claim will be cancelled.

I myself have successfully appealed a DWP descion nine months later and won my case! This resulted in a back payment of £3,800 for me!


It has nothing to do with my "experience" of benefits, I am referring to the law!

Claimants can make a Late request for an MR up to 13 months after the date of the Decision being challenged, providing they provide Good Reason for it being late and those reasons are accepted.

I'm not sure what you mean by "claim will be cancelled" but taking it as written this is also not the case.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 5 months ago #174077 by Gordon

mike123 wrote: would it be a good or bad idea to say that im willing to take this to a appeal/tribunal as i believe i should be in the support group?. In different words ofcourse, could this help or go against me?


I don't think there is any advantage or disadvantage to your doing so, the Decision carries a right of appeal once the MR is completed, the DWP staff dealing with your problem know this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #174297 by mike123
This may be a stupid question but, im doing the ESA mandatory reconsideration and also appealing my PIP decision. I wrote out loads of infomation for my esa mandatory reconsideration but now im starting on the pip appeal, can i copy and paste sections? would it look bad if some parts from esa and pip are copy and pasted? i mean iv wrote the truth so the only difference i can do is word it all differently?

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7 years 4 months ago - 7 years 4 months ago #174318 by slugsta
Hi Mike,

The PIP assessor and Decision Maker are unlikely to look at your ESA paperwork - and vice versa. However, don't forget that the criteria for the 2 benefits are quite different (even where they appear to be the same) so make sure you take this into account.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by slugsta.

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7 years 4 months ago #174344 by mike123

Mrs Hurtyback wrote: Hi Mike,

The PIP assessor and Decision Maker are unlikely to look at your ESA paperwork - and vice versa. However, don't forget that the criteria for the 2 benefits are quite different (even where they appear to be the same) so make sure you take this into account.


right ok thank you :)

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