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IS/IB ESA Mandatory Reconsideration
- Sefton HWR Team
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10 years 1 month ago - 10 years 1 month ago #117878 by Sefton HWR Team
IS/IB ESA Mandatory Reconsideration was created by Sefton HWR Team
Hi,
Does anyone have any experience of making a new ESA claim on a new condition following being found 'fit for work' on their IS/IB claim?
They have been assisted with requesting mandatory reconsideration and can't claim JSA whilst awating a decision.
If the client makes a new claim for ESA on a new condition, but the mand recon is changed in their favour, will the new claim on the assessment rate be over ridden by the mand recon decision or will the reconsidered decision only take effect up until the date of the new claim?
Thanks
Does anyone have any experience of making a new ESA claim on a new condition following being found 'fit for work' on their IS/IB claim?
They have been assisted with requesting mandatory reconsideration and can't claim JSA whilst awating a decision.
If the client makes a new claim for ESA on a new condition, but the mand recon is changed in their favour, will the new claim on the assessment rate be over ridden by the mand recon decision or will the reconsidered decision only take effect up until the date of the new claim?
Thanks
Last edit: 10 years 1 month ago by Gordon.
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10 years 1 month ago #117886 by Gordon
As the new claim has been made on the basis of deteriorated condition then I would expect it to carry through to assessment and a new Decision on the claim, limiting any result from the MR and any subsequent appeal. But we are in new territory as these circumstances could not have occurred before the introduction of Mandatory Reconsiderations, if you can wait I can ask the office for their view?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IS/IB ESA Mandatory Reconsideration
Sefton HWR Team wrote: Hi,
Does anyone have any experience of making a new ESA claim on a new condition following being found 'fit for work' on their IS/IB claim?
They have been assisted with requesting mandatory reconsideration and can't claim JSA whilst awating a decision.
If the client makes a new claim for ESA on a new condition, but the mand recon is changed in their favour, will the new claim on the assessment rate be over ridden by the mand recon decision or will the reconsidered decision only take effect up until the date of the new claim?
Thanks
As the new claim has been made on the basis of deteriorated condition then I would expect it to carry through to assessment and a new Decision on the claim, limiting any result from the MR and any subsequent appeal. But we are in new territory as these circumstances could not have occurred before the introduction of Mandatory Reconsiderations, if you can wait I can ask the office for their view?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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