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9 years 6 months ago - 9 years 6 months ago #125341 by Somerset21
Replied by Somerset21 on topic ESA
Also I had a missed call this morning at 10.33 am. They left a voice mail saying that they needed to speak to me about my ESA MR request and that they would try and call me again later. I then got a text from DWP saying, ''before we can consider your recent Mandatory Reconsideration request we need to speak to you. We will call you between 9.00 and 12.00 today. If you are not available please contact us''. There is a number at the bottom of the text. I phoned it a bit earlier but there was no answer.
Last edit: 9 years 6 months ago by Gordon.
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9 years 6 months ago #125342 by Gordon
They have likely used a standard/stock paragraph on the letter, we regularly see references on DWP letters and in particular the ESA85(A) report produced by ATOS that they have used a Med3 when no recent Fit Note exists.
Gordon
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Replied by Gordon on topic ESA
Michelle wrote: Hi. Looking at the medical report I got in one of the SAR bundles. It says that the evidence review includes the ESA50, Med 3 and specialist letter. The last sick note I have on the system is from 2001 surely she can not be referring to that.
They have likely used a standard/stock paragraph on the letter, we regularly see references on DWP letters and in particular the ESA85(A) report produced by ATOS that they have used a Med3 when no recent Fit Note exists.
Gordon
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9 years 6 months ago #125343 by Gordon
They seemed to have introduced this call as part of the MR process, it of course ignores the fact that some claimants have severe problems with phone calls and I will warn you that several members have posted that the DM was trying to persuade them that there MR would not be successful.
I think they try three times before they give up and allow the process to continue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Michelle wrote: Also I had a missed call this morning at 10.33 am. They left a voice mail saying that they needed to speak to me about my ESA MR request and that they would try and call me again later. I then got a text from DWP saying, ''before we can consider your recent Mandatory Reconsideration request we need to speak to you. We will call you between 9.00 and 12.00 today. If you are not available please contact us''. There is a number at the bottom of the text. I phoned it a bit earlier but there was no answer.
They seemed to have introduced this call as part of the MR process, it of course ignores the fact that some claimants have severe problems with phone calls and I will warn you that several members have posted that the DM was trying to persuade them that there MR would not be successful.
I think they try three times before they give up and allow the process to continue.
Gordon
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9 years 6 months ago - 9 years 6 months ago #125344 by Somerset21
Replied by Somerset21 on topic ESA
If they are going to ask me for anymore evidence before they consider my MR I do not know what to say as the CAB are handling any new evidence, they are writing to my doctor and another person on my behalf and they are going to get it all ready for the tribunal. The want the MR dealt with quickly as I am not getting money until it goings to tribunal.
Last edit: 9 years 6 months ago by Gordon.
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9 years 6 months ago #125345 by Somerset21
Replied by Somerset21 on topic ESA
I was not planning on speaking to the DWP as the last phone call from the DM was to over whelming and she had to call me back as I could not speak properly. The CAB have been ever so good and they are getting my appeal form up together.
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9 years 6 months ago #125346 by Gordon
I would say that although you are seeking additional evidence you do not expect it to be available in the short term and will not be submitting it as part of the MR process, the DM should proceed with their own review using the evidence they already have.
Gordon
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Replied by Gordon on topic ESA
Michelle wrote: If they are going to ask me for anymore evidence before they consider my MR I do not know what to say as the CAB are handling any new evidence, they are writing to my doctor and another person on my behalf and they are going to get it all ready for the tribunal. The want the MR dealt with quickly as I am not getting money until it goings to tribunal.
I would say that although you are seeking additional evidence you do not expect it to be available in the short term and will not be submitting it as part of the MR process, the DM should proceed with their own review using the evidence they already have.
Gordon
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