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Mandatory reconsideration.

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8 years 1 month ago #153704 by Teresa
Mandatory reconsideration. was created by Teresa
Hi all I e only just found this site. I had the dreaded phone call last week to say I received 0 point in work capability assessment and so sea has stopped. I'm so upset. I was dismissed on ill health last year due to degenerative disc, pelvic congestion and depression. I feel that as I don't have a more seriou diagnosis I was not really taken seriously even though I am In chronic pain everyday!! I have been for a few years now and have had lots of injections, physio,hydrotherapy and latest radio frequency denervation. I can't stand for more than a few minutes or walk more than a few metres as well as the effects of depression etc and yet on my assessment the lady put words in my mouth and basically made a lot of it up as she went Along. Has anybody with the same problems managed to get the session. Changed. Sorry if this is on the wrong page or thread I've never done this before.

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8 years 1 month ago #153738 by Gordon
Replied by Gordon on topic Mandatory reconsideration.
Teresa

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

I've moved your post to it's own topic, please post any replies to this topic.

Although a diagnosis is important It is not a pre-requisite to your receiving an award.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

I'm afraid you will not receive any payments while an MR is carried out, you do have the option of claiming JSA while this is done, if your GP is still willing to provide a Fit Note, once the claim has been accepted you can submit the Fit Note and you will be excused from any Job Search requirement for up to 13 weeks. You cannot make a claim for JSA and present the Fit Note from the outset as it is likely that the claim will be rejected.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 1 week ago #156000 by Teresa
Replied by Teresa on topic Mandatory reconsideration.
Hi, I just wanted some advice really. On Feb 5th I had my wca for ESA ad on March 5th I got a phone call to say I had received 0 points and was found fit for work. After reading assessors report I decided it was all false and so put in for a mandatory reconsideration. My doctor wrote a supporting letter and I sent more evidence regarding my health. I have degenerative disc disease, ongoing for about 10 years, hyper mobility, arthritis and depression. My doctor is also investigating ongoing chronic pain in all my joints. The mandatory reconsideration decision arrived today and it states that they have changed the decision and I have been put in wrag group. It also says that the decision was changed based on regulation 29 . They have said that I didn't attain a score of 15 because the assessor said I refused the physical assessment so they don't have enough evidence for the 15 points. This is untrue, the assessor said she didn't want to ask me to do physical as she could see I was unable and in pain! So even though I'm very happy that decision was overturned the year for contribution based ESA is up for me as of yesterday anyway so is there anything else I can do about this. Thankyou

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8 years 1 week ago - 8 years 1 week ago #156044 by slugsta
Replied by slugsta on topic Mandatory reconsideration.
Hi Teresa,

I have merged your query with your previous ESA topic. It helps us enormously if everything relating to the same claim is kept in one place!

I am sorry that you are going through this :(

If it is less than 4 weeks since the MR decision letter you can still take this to appeal. I suggest you have a good look at our ESA guides and decide where/why you believe you should have met the Support Group descriptors. The guide also explains the appeal process.

ESA claims and appeals

Qualifying for the Support Group


I'm afraid you still will not be paid, even if you appeal, as you have exceeded the 365 days contributory ESA for those not in the Support Group. However, if the tribunal find in your favour you would get back pay and you would continue to be paid for as long as you remain in the Support Group. Furthermore, this time spent in the assessment group and WRAG would also be discounted if you were put into the Support Group at appeal - so you would have 365 days in hand should you need it in future.

If you have little income then you might be eligible for income-related ESA. This would depend on the joint income/assets of yourself and any partner with whom you live. In addition, your partner must work less than 24 hours per week. If this applies to you, you should request an ESA3 from DWP to give details of your financial situation. Income-related ESA is not time-limited in any way.

Finally, if you leave your ESA claim live, even if you are not being paid, you will be credited with NI towards your State Retirement Pension. You will still be reassessed periodically and it is possible that you will be placed in the SG in the future. If this happens payment will restart.

[url= How often will I be reviewed ][/url]

You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic ! :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 week ago by slugsta.

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8 years 1 week ago #156069 by Teresa
Replied by Teresa on topic Mandatory reconsideration.
Thankyou very much for your reply, sorry I am still trying to figure things out sorry for starting new thread. So if I leave the claim live but don't receive money I can be reassessed but will I still be expected to go to wrag interviews etc ? Thanks

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8 years 1 week ago - 8 years 1 week ago #156092 by Gordon
Replied by Gordon on topic Mandatory reconsideration.

Teresa wrote: Thankyou very much for your reply, sorry I am still trying to figure things out sorry for starting new thread. So if I leave the claim live but don't receive money I can be reassessed but will I still be expected to go to wrag interviews etc ? Thanks


If you are not eligible for Income Related ESA and therefore receive no payments then you are not required to attend WFIs or to perform Work Related Activity.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 week ago by Gordon.

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