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ESA reassessment

  • moh
  • Topic Author
9 years 5 months ago - 9 years 5 months ago #125620 by moh
ESA reassessment was created by moh
Hi
I have been in esa wrag for the last two years. I have reassed again in July. But I didn't receive any letter from the DWP about the decision. I called them in august and they told me not decided yet.
I had a WFI with my advisor at the job centre at the beginning of October and he told me they decided at the end of august and placed me in esa wrag for 18 month. But still I didn't get a letter from the DWP.

I called them again , they have confirmed the decision. I asked them i want to exercise my right for reconsideration or appeal. They told to write to Belfast. I also asked them to give me the reasons for the decision. They told they will forward my request to the DWP.

What do you think? Shall I simply wait for them to send me the reasons?
Shall I have to write them for reconsideration to put me in the support group?
Can they say that the time limit for reconsideration is expired, even though it is not my fault?

Please help
thanks
Last edit: 9 years 5 months ago by slugsta.

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9 years 5 months ago #125624 by slugsta
Replied by slugsta on topic ESA reassessment
Hi moh,

The DWP seem to be getting worse regarding sending out decision letters! Despite this, the fact is that this is an appeal-able decision and DWP are obliged to send out the letter.

You have 30 days from the date of a decision letter to submit a request for Mandatory Reconsideration. If a letter has not been sent then the clock cannot have started ticking.

It is not necessary to wait for the decision letter, or a Statement of Reasons, before you request a Mandatory Reconsideration. You have already stated, during the phone call, that you wish for this but we do recommend that you follow this up with a letter. You do not have to be specific at this stage.

Mandatory reconsideration FAQs

It would be useful to look through the ESA guides again to help you decide which of the Support Group descriptors apply to you, then concentrate on this if/when you send in additional information for the reconsideration (or appeal, if it gets that far).

ESA claims and appeals

If/when you have further questions, please reply to this message and we will do our best to help. You will find it easily in future if you bookmark it/make it a favourite on your web browser now :)

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

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  • bro58
9 years 5 months ago - 9 years 5 months ago #125625 by bro58
Replied by bro58 on topic ESA reassessment

moh wrote: Hi
I have been in esa wrag for the last two years. I have reassed again in July. But I didn't receive any letter from the DWP about the decision. I called them in august and they told me not decided yet.
I had a WFI with my advisor at the job centre at the beginning of October and he told me they decided at the end of august and placed me in esa wrag for 18 month. But still I didn't get a letter from the DWP.

I called them again , they have confirmed the decision. I asked them i want to exercise my right for reconsideration or appeal. They told to write to Belfast. I also asked them to give me the reasons for the decision. They told they will forward my request to the DWP.

What do you think? Shall I simply wait for them to send me the reasons?
Shall I have to write them for reconsideration to put me in the support group?
Can they say that the time limit for reconsideration is expired, even though it is not my fault?

Please help
thanks


Hi m,

Welcome to Benefits and Work :)

The law states that you are entitled to a written Decision Notice Letter.

The main reason being that said letter also includes your rights to request a Mandatory Reconsideration (MR) (Appeal) of the decision if you do not agree with it :

A decision to award ESA in the WRAG (LCW) or ESA in the Support Group (LCWRA), or indeed a decision to find the claimant “fit for work” carries a right to appeal under s12 of the SSA 1998, see :

www.hmrc.gov.uk/nicmanual/volume_1/ssa_1998.pdf

Decisions which carry a right to appeal under s12 shall be notified to the claimant in writing in accordance with Reg 28 of the Decisions and Appeals Regulations 1999. See :

www.legislation.gov.uk/uksi/1999/991/regulation/28/made

You are supposed to make your request for an MR within one month of the date of the Decision Notice.

However, as you did not receive a letter, this would not be possible.

You can request an MR "Late" (up to 13 months after a decision) if you can show "good cause".

Therefore, if you feel that you should have been placed into The SG rather than The WRAG "at the end of August" you should write a letter to the address of the office that deals with your ESA on your most recent ESA letter.

You should state that you are formally requesting a Mandatory Reconsideration of the adverse WRAG Decision made circa August 2014, as you feel that you should have been placed into The Support Group.

You should add that the reason that your MR request is late is due to the fact that you never received a Decision Notice, (which you are legally entitled to) and were only made aware that a fresh WRAG award had been made when you were informed of this verbally by your JCP Adviser in October 2014.

You will have to show how and why you should have been placed into The SG at the time of the adverse WRAG award.

Sending Documents to the DWP or ATOS

See :

Qualifying for the Support Group

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

There is also an ESA MR/Appeals Guide on this page :

ESA Claims Guides

Whilst on this page, you may also wish to review our ESA Claims Guides, 3rd & 4th links down.

Please reply to this topic if you have any further quseries.

bro58
Last edit: 9 years 5 months ago by bro58.

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  • moh
  • Topic Author
9 years 5 months ago - 9 years 5 months ago #125631 by moh
Replied by moh on topic ESA reassessment
Thanks very much for your comments and quick reply

i believe it is good idea your recommendation that I have to write them with out being specific at this stage. . So do you think think it is right if i write them stating that I haven't received a decision letter or the reasons for the decision so that that I am am not able to exercise my right for reconsideration or appeal (because I deserve to be placed in support group).. do you think this is enough at this stage?
Thanks again for your cooperation
Last edit: 9 years 5 months ago by bro58.

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  • bro58
9 years 5 months ago #125633 by bro58
Replied by bro58 on topic ESA reassessment

moh wrote: Thanks very much for your comments and quick reply

i believe it is good idea your recommendation that I have to write them with out being specific at this stage. . So do you think think it is right if i write them stating that I haven't received a decision letter or the reasons for the decision so that that I am am not able to exercise my right for reconsideration or appeal (because I deserve to be placed in support group).. do you think this is enough at this stage?
Thanks again for your cooperation


Hi m,

I would make your request for an MR ASAP, if that is what you intend to do.

If you do not do so ASAP they may ask why you have waited when you became aware of the adverse WRAG decision at "the beginning of October".

The reason that I advised that you should mention not receiving the Decision Notice and only being made aware when told by The JCP Adviser is to show "good cause" for your late MR request.

It is up to you on how much evidence to wish to submit at this initial stage. I would advise that you do so ASAP.

If you need to obtain fresh evidence, you could mention this in your MR request, and inform them that you will forward it on to them when you have it.

Unfortunately, it is not down to whether you think that you "deserve to be placed in support group". :)

You will have to show which of The SG Descriptors you qualify under.

This is covered in the guides that I provided the links for in my previous post.

bro58

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  • moh
  • Topic Author
9 years 4 months ago #126082 by moh
Replied by moh on topic ESA reassessment
Hi
as I stated before I request thr dwp I asked them in written to send me a statement of reasons as well as as asked them for mandatory reconsideration. They send me the statement of reasons this week. But I didn't receive any letter about the reconsideration. .my questions are :
1. I didn't send my lateast medical report with the reconsideration letter. So shall I send it now or wait until the appeal and ask my doctor to write me specific letter?
2. I had a WFI with my advisor at the job centre .he told me he is going to send me into mandatory work programme. Can he send me to work programme while I am in 18 month prognosis?
3. What type of mandatory work related activity I am supposed to do while i am in wrag and appealing for support group?

Thanks for all your help

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