× Members

ESA85 received

More
7 years 4 months ago #174840 by Angel110
Replied by Angel110 on topic ESA decision timetable?
My apologies Gordon for bombarding you with questions.

I would like to know if I do get a call regarding MR can I go through any points with them or will they just call me to give me their decision because by looking at the report it is highly and unlikely the decision will change the report is actually a shock to me. Today I only received the Assessors full f2f interview nothing from the DM that I have been moved to WRAG from Support group and how this will effect my payments and so on.

Kind regards

Hamida

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

More
7 years 4 months ago #174855 by Angel110
Replied by Angel110 on topic ESA decision timetable?
Hello Gordon,

I am sorry I have 2 more questions I may repeated myself apologies if I have.

a) when the MR is given by phone call to me on Monday or Tuesday (as DM I spoke to is aware and said was noting my file that I was flying on Wednesday morning) can I actually raise the points from the assessors report and explain this.

b) I am sorry when you say 'defined by law' regarding time extension for appeal what does this sentence mean ? I did look up this sentence on google but couldn't get an answer.

c) if the MR decision is negative will the appeal be to the Tribunal direct, or to the MR DM first ? whilst raising every point in the assessors report in writing will I need to enclose additional doctors letter ? I know I have repeated myself twice I think but by the time I get the MR in writing I wont be here to open the post or any appeal forms enclosed with that decision.

d) will my payments stop completely whilst the appeal is taking place which can be few months for example ?

I have couple of days to get to this information and I'm just trying to attend all my appointments before going away.

thank you and sorry once again

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

More
7 years 4 months ago #174862 by Gordon
Replied by Gordon on topic ESA decision timetable?

hamida wrote: My apologies Gordon for bombarding you with questions.

I would like to know if I do get a call regarding MR can I go through any points with them or will they just call me to give me their decision because by looking at the report it is highly and unlikely the decision will change the report is actually a shock to me. Today I only received the Assessors full f2f interview nothing from the DM that I have been moved to WRAG from Support group and how this will effect my payments and so on.

Kind regards

Hamida


If you are phoned then it should be an opportunity for you to explain why you meet the criteria for the Support Group, so it would be worth your while to create a bullet list of points and keep it by the phone.

If you are now in the WRAG then I would expect you to have your payments reduced the relevant rate.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Angel110

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

More
7 years 4 months ago #174865 by Gordon
Replied by Gordon on topic ESA decision timetable?

hamida wrote: Hello Gordon,

I am sorry I have 2 more questions I may repeated myself apologies if I have.

a) when the MR is given by phone call to me on Monday or Tuesday (as DM I spoke to is aware and said was noting my file that I was flying on Wednesday morning) can I actually raise the points from the assessors report and explain this.

b) I am sorry when you say 'defined by law' regarding time extension for appeal what does this sentence mean ? I did look up this sentence on google but couldn't get an answer.

c) if the MR decision is negative will the appeal be to the Tribunal direct, or to the MR DM first ? whilst raising every point in the assessors report in writing will I need to enclose additional doctors letter ? I know I have repeated myself twice I think but by the time I get the MR in writing I wont be here to open the post or any appeal forms enclosed with that decision.

d) will my payments stop completely whilst the appeal is taking place which can be few months for example ?

I have couple of days to get to this information and I'm just trying to attend all my appointments before going away.

thank you and sorry once again


a. Yes, see previous post.

b. Exactly that. The law states that a claimant has one month from the date of the Decision to request an MR, there is no provision for that period to be extended. An Late MR request can be made outside of the month but you must explain why your request is late however if the DWP do not accept your reasons then you lose any right to pursue the matter further.

c. If the MR is refused then the next stage is to request an appeal with the Tribunal Service. You do not need to provide new evidence for an appeal, however, if you have it then you can submit it.

d. As you have a WRAG award you will continue to receive this while you wait for a hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Angel110

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

More
7 years 3 months ago #174977 by Angel110
Replied by Angel110 on topic ESA decision timetable?
Hello Gordon,

As expected I received the MR decision in writing today and they are sticking with the same decision to keep me in the WRAG. As expected also I doubt it that a note was made about my trip abroad the letter is dated 25 November and I have one month to appeal to the tribunal I phoned the DWP but the lady had limited information so I didn't say much I don't really want to tell them of my intension. When I spoke to the original DM last week I did tell her that I was sending in additional information etc but they made MR was made without waiting for the additional information (where somewhere I actually did read that they need to wait for the additional information before making MR. I think that the fact that they knew of my travel they wanted to put me in such circumstances that I accept the decision and don't take it further knowing the time scale being abroad I wont be able to see my GP for additional information and where I will be the post takes about 5 days unless I use DHL or safe courier. I thought I will give the DWP a to advise them of my absence so that they don't stop my payments but she said I need to complete another to let them know of this even though I verbally told the lady over the phone it was recorded on the system had the lady told me last week I would've asked her to post me the BF5 form, I would've received it by now and completed it and sent it by. I also rang the appeal tribunal they said they accept late appeal as long as I can provide good grounds and boing out of the country but the other party may object to this. Well will see what I can do and hope for the justice that's all

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

More
7 years 3 months ago #175016 by Gordon
Replied by Gordon on topic ESA decision timetable?
hamida

You can request the appeal before you leave, have a look at the ESA MR & Appeal guide for links to the SSCS1 you need to complete and instructions on how to complete it. Whilst I cannot guarantee it, most appeals are taking 3-4 months to be heard.

Gordon

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

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.