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Mandatory Reconsideration
- corkball
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5 years 6 months ago #219175 by corkball
Mandatory Reconsideration was created by corkball
Hi. 2 things, I want to thank you, I used your guide to complete a ESA form, it helped immensley
Secondly My wife has been awarded 15 points in ESA for incontinence but they haven't given her any points for not being able to walk, and her mental health problems. She has been placed in the Support group. but despite all the evidence provided they don't seem to have looked at it let alone read it.
My question really is, Is it worth a mandatory consideration, and at the same time can they take points off her when the decision maker makes their decision?
Secondly My wife has been awarded 15 points in ESA for incontinence but they haven't given her any points for not being able to walk, and her mental health problems. She has been placed in the Support group. but despite all the evidence provided they don't seem to have looked at it let alone read it.
My question really is, Is it worth a mandatory consideration, and at the same time can they take points off her when the decision maker makes their decision?
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- Gordon
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5 years 6 months ago #219179 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
corkball
If she has been placed in the Support Group then I cannot recommend that you request an MR.
It may be that the issues she has with incontinence were an obvious award of the SG and they did not believe that they had to look further at her problems.
ESA is not a walking test, it is a Mobility test! In addition to your walking, it considers her ability to self-propel a manual wheelchair over the same distances, she does not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show her walking is restricted unless you can also show that she cannot self-propel the wheelchair she will still not score points.
Gordon
If she has been placed in the Support Group then I cannot recommend that you request an MR.
It may be that the issues she has with incontinence were an obvious award of the SG and they did not believe that they had to look further at her problems.
ESA is not a walking test, it is a Mobility test! In addition to your walking, it considers her ability to self-propel a manual wheelchair over the same distances, she does not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show her walking is restricted unless you can also show that she cannot self-propel the wheelchair she will still not score points.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- corkball
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5 years 6 months ago #219183 by corkball
Replied by corkball on topic Mandatory Reconsideration
Hi Gordon
I understand what you're saying, what's really peaving her off is that she has Crohn's and a letter from the surgeons saying that they wouldn't want to operate unless it was to save her life, as any bowel operation would be life threatening and the DM has said that she has incontinence pads on prescription, which she doesn't, and that as no surgery is planned then surgery in the future may improve her condition. Thats not true because they wont operate unless she is going to die. What they have said is that it is to be reviewed in 3 years, that is the part she is wanting reconsidering
I understand what you're saying, what's really peaving her off is that she has Crohn's and a letter from the surgeons saying that they wouldn't want to operate unless it was to save her life, as any bowel operation would be life threatening and the DM has said that she has incontinence pads on prescription, which she doesn't, and that as no surgery is planned then surgery in the future may improve her condition. Thats not true because they wont operate unless she is going to die. What they have said is that it is to be reviewed in 3 years, that is the part she is wanting reconsidering
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5 years 6 months ago #219184 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
corkball
ESA is an indefinite award with scheduled reassessment, as a result, the reassessment date and/or award length is not part of the Decision and therefore cannot be appealed.
The maximum length between assessments for members of the SG is three years.
Gordon
ESA is an indefinite award with scheduled reassessment, as a result, the reassessment date and/or award length is not part of the Decision and therefore cannot be appealed.
The maximum length between assessments for members of the SG is three years.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: corkball
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