× Members

ESA Stopped After Medical - Reassessment.

More
7 years 4 months ago #174645 by slugsta
Replied by slugsta on topic ESA Stopped After Medical - Reassessment.
You are correct on all counts Rachel!

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

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago #179374 by Rachel
Replied by Rachel on topic ESA Stopped After Medical - Reassessment.
Well, after having to chase where my mandatory reconsideration was, I got a result in the post. I actually thought they telephoned first, but anyway, no change of decision.

It is worth chasing them, because I gather mine had been passed to another area due to a backlog. I did get a phone call apologising for it being overlooked, but was told that someone would speak to me before making a decision.

All I can do is put in an appeal and try to put the facts forward as they are rather than how they have been misinterpreted.

Do they actually look at our ESA50 or just the MR before the appeal?

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago - 7 years 2 months ago #179383 by Gordon
Replied by Gordon on topic ESA Stopped After Medical - Reassessment.
Rachel

You will need the MR Notice in the new Decision Letter in order to request an appeal, when you have it the PIP ESA Appeal guide has links to the SSCS1 form that you will need to complete and instructions on how to complete it, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2 ESA50, the assessment report and the PIP Claim guide to see how you might show this is the case.

The Tribunal will re-make the original Decision and will use all of the evidence available to do so.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago #179388 by Rachel
Replied by Rachel on topic ESA Stopped After Medical - Reassessment.
This is actually for ESA, but thank you. I received the MR notice, but no phone call first.

I was just wondering if the Court will look at my initial claim form and not just the assessors report.

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago - 7 years 2 months ago #179390 by Gordon
Replied by Gordon on topic ESA Stopped After Medical - Reassessment.

Rachel wrote: This is actually for ESA, but thank you. I received the MR notice, but no phone call first.

I was just wondering if the Court will look at my initial claim form and not just the assessors report.


Sorry of course it is, see title :blush:

As I said in my previous post the Tribunal will use all of the documents available this includes your original claim form.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 months ago by Gordon.
The following user(s) said Thank You: Rachel

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago #179465 by Rachel
Replied by Rachel on topic ESA Stopped After Medical - Reassessment.
As I stated above, I got my MR Notice yesterday by post.

Today I got a text saying that they are 'reviewing my ESA case and will make a decision by 10 Feb, phoning me first'. I presume this is a mix up again at their end.

I am about to send off my Appeal form so not sure if I should ring them or ignore the text. Fed up with the whole thing to be honest.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.