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Mandatory Reconsideration for ESA.

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9 years 10 months ago - 9 years 10 months ago #122509 by dollydaydream
Replied by dollydaydream on topic Mandatory Reconsideration for ESA.
yes have sent in letters ,and have asked them to reconsider the decision ,still dont understand why they tookthe 2009 paperwork though instead of sending me a new claim pack .
Last edit: 9 years 10 months ago by .

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9 years 10 months ago - 9 years 10 months ago #122510 by
Replied by on topic Mandatory Reconsideration for ESA.
Hi ddd,

"still dont understand why they took the 2009 paperwork though instead of sending me a new claim pack ."


They shouldn't have ddd !!!!

If you were previously in receipt of IB, you should have received a "Conversion Notice" letter, as previously advised.

The qualifying criteria for IB and ESA are totally different.

The forum is now closed until 2PM tomorrow, please repost then if you have further queries. :)

bro58
Last edit: 9 years 10 months ago by .

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9 years 10 months ago - 9 years 10 months ago #122538 by dollydaydream
Replied by dollydaydream on topic Mandatory Reconsideration for ESA.
yes have letter dated 14 may 2014 telling me my benefit is changing over to esa from the 5 june 2014........it also stes that i have been put into the wrag groupwith limitations for work .plus im entitled to contribusion based esa paidfor up to 12 monthhs . they enclosed a page telling me how my money is worked out and that im paid this amount from 5 june 2014 to26 november 2014,thats 6 months ,i thn recieved a letter from jobcentre on 9 june telling me an appointment has been made for 3 july 2014.......inbetween my med report has arrived that is dated 17 april 2014 ,done by a mrs williams registered nurse ..on the report it states,,,,evidence considered the esa50,med 3 and113 and report from 2009 ,checked with my doctor,and they have not sent anything in ,and i havent had any paperwork to fill in either ...............so everything seems to be from 2009 .
Last edit: 9 years 10 months ago by Gordon.

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9 years 10 months ago #122543 by Gordon
Replied by Gordon on topic Mandatory Reconsideration for ESA.
Dolly

If you have not completed an ESA50 and your doctor has not had an ESA113, then I would recommend that you request copies of these documents, we do regularly hear of phantom Med3s (Fit Notes) which we think are the result of software used to produce the report, it is possible that the ESA50 has also been produced by this but the ESA113 in only sent out for about 25% of claims, so the assessor has to specifically include this document.

You can make the request over the phone, but I would also issue a Subject Access Request for the ESA50, ESA113 and Med3.

You need to send the SAR to your local Benefits Office, with "SAR Data Protection Request" written on the front top left of the envelope, it should be diverted to The Data Controller. They will have 40 calendar days to respond.

See :

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/


If The DWP have failed to comply with previous SARs, you could complain to ICO :

www.ico.org.uk/for_the_public/personal_information

Sending Documents to the DWP or ATOS

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

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9 years 10 months ago - 9 years 10 months ago #122544 by
Replied by on topic Mandatory Reconsideration for ESA.
Hi ddd,

"yes have letter dated 14 may 2014 telling me my benefit is changing over to esa from the 5 june 2014........it also stes that i have been put into the wrag groupwith limitations for work"



This letter is not a "Conversion Notice" it is a "Decision Notice".

You should have received the Conversion Notice letter at the very beginning before anything else happened.

It is entitled "THE BENEFIT YOU RECEIVE IS CHANGING"

There is a sample of one on Page 7 of our "Being transferred from incapacity benefit to employment and support allowance. A 22 page guide to the transfer process."

Top link on this page :

ESA Claims Guides

bro58
Last edit: 9 years 10 months ago by .

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9 years 10 months ago #122547 by dollydaydream
Replied by dollydaydream on topic Mandatory Reconsideration for ESA.
the esa113 ,could that be from 2009 aswell ? ty .

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