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Face to Face "medical" no ESA50

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8 years 7 months ago #140257 by Gordon
Replied by Gordon on topic Face to Face "medical" no ESA50
Rita

As the DWP are now outside the "loop" in regard to appeals it does indeed fall on the claimant to chase the paperwork involved in order to re-instate payment of ESA at the Assessment rate within a reasonable timescale.

If you did not claim JSA during the MR then you will be entitled to payment of the Assessment rate from the day after the Decision was made, however, this period will need to be covered by a Fit Note for payment to actually occur, so if you have not already supplied one to the DWP you should do so as quickly as possible.

Gordon

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8 years 7 months ago #140284 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
Oh yes, all went to them in August.

Last night at 7.30PM, the DM who denied my Mandatory Reconsideration rang - 7.30pm! She said she was looking at the Mandatory Reconsideration again because I'd asked for it. I replied I'd asked for a review of the decision ( with the paragraphs from the DM guide BRO68 gave me). She said yes, that's it. She then said when did I contract the Whooping Cough, what was the date. I said I was diagnosed in April but I'd have to check the date ( I was in the middle of my evening meal with the children) she replied your letter stated the 11th of April, I replied again I would have to check the date but if that's what my letter says then that's the date. She then repeated that she just wanted to check this with me. She then said she might ring again this evening of there was anything else she needed to check with me. Seems very odd - why check what I'd put in writing? My doctors fit note for the period is one month, from before the WCA to four weeks after, because the issue is why I missed the WCA.

She didn't phone back and I'm still puzzled.

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8 years 7 months ago #140298 by Gordon
Replied by Gordon on topic Face to Face "medical" no ESA50
Rita

It is possible that the DM is realising that they acted precipitously in making an adverse Decision, but I'm afraid you will have to wait and see how it unwinds.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 7 months ago #140473 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
Update!

Got a bonkers letter from the DWP. The papers I sent asking for a revision of the MR decision, have been sent back to me telling me that I have submitted my appeal to them and they don't deal with appeals, I have to do it myself.

In the bundle I sent was a covering letter quoting the guides 03251 bro58 sent the links to me, asking clearly for a reconsideration of the MR decision made in July, the fit note from the doctor covering the period of the missed WCA. A letter from my doctor and from Public Health showing I have confirmed Whooping Cough. This what the letter says, I have included the new evidence. I wrote to them separately to tell them I had submitted my appeal to the tribunal.

In the letter from the DWP, dated 3rd September, it says because I have not asked them to look at the decision previously, they will treat this as a MR. When they have looked at it again, they will write to me and I can appeal but I must go to the tribunal direct!

I f they can't read the letters I send is there any point ringing to clarify?? I'm mystified!

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8 years 7 months ago #140479 by Gordon
Replied by Gordon on topic Face to Face "medical" no ESA50
Rita

You should have had a Mandatory Reconsideration Notice as part of the DWP's original reply to your MR request, I am assuming that you do as the Tribunal Service would not have accepted your appeal without one, this shows that an MR was completed

The cynical part of me thinks that the DM is trying to re-trench their position as it becomes more clear that their Decision was unreasonable.

Getting back on track :) a new MR may be to your advantage as it is likely to be concluded before an appeal hearing will be heard, although yours will be an administrative appeal and these are usually heard much sooner than an entitlement one.

There is no requirement for you to cancel your appeal even if a new MR is carried out.

Gordon

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

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8 years 7 months ago #140487 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
Yes I did Gordon, it said I hadn't produced sufficient evidence to prove I was ill. And I know the Tribunal has received my forms as I have the acknowledgement letter from them pinned to the fridge!

It was the same DM who rang on Monday night, saying she was doing a MR (eh?) and I said no, its not an MR I asked for its a revision.

Then I get this bonkers letter! Meanwhile, while they fiddle as Rome burns its 20th July since I had a payment and my mortgage is now in arrears. God this must all change soon.
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