× Members

Question about MR and Appeals in the guide (Connor 2020)

More
2 years 6 months ago #272179 by xolotl
Hello,

I am currently on ESA in the support group.

I have a telephone assessment coming up on the 19th of July 2022.

As part of my preparations, I've looked at the guide about appeals but I'm confused. The guide says:

As a result of the Connor decision in the High Court dated July 24th 2020 you no
longer have to go through the MR process if you have been found fit for work under the work
capability assessment (WCA). Instead, you can be paid ESA again once you have appealed,
without needing to ask for a MR first.


However the guidance states I would need to go through the MR process before I can appeal (should I need to). I also noted the tribunal application requires a notice of MR before I can submit the appeal.

So if I do need to appeal, would I still need to go through MR since I am already in the support group of ESA.

To be honest, the thought of not being able to pay the bills in the not too distant future is taking a real toll on me, as is the looming assessment. Hoping for the best and preparing for the worst.

Many thanks

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

More
2 years 6 months ago #272203 by Gary
Hi xolotl

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

If your decision letter says you don’t have to apply for mandatory reconsideration, you can appeal to the tribunal straight away. This might happen if you went to a work capability assessment and the DWP decided you don’t have ‘limited capability for work’.

If it’s the first time the DWP decided you don’t have limited capability for work - you might be entitled to get ESA while you’re waiting for a decision on your appeal. You should fill in and send the appeal form as soon as you can.

Gary

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

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

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid