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Mandatory Reconsideration for ESA.

  • bro58
9 years 10 months ago #122481 by bro58
Replied by bro58 on topic Mandatory Reconsideration for ESA.

dollydaydream wrote: well i was on here last year ,but im in low case letters .ty


Thanks for the clarification "not new" ddd !!! :)

Please let us know how things progress.

bro58

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  • bro58
9 years 10 months ago #122483 by bro58
Replied by bro58 on topic Mandatory Reconsideration for ESA.

dollydaydream wrote: hi , no i had no forms only form was for my dla being transfered over to pip so had to make new claim ,the letter i had off dwp was just stating that i was being transfered from ib to esa .,they have sent a medical note stating that the report is from 2009 .i have been in contact with job centre plus who have kindly said they would give me a phone interview due to my health and mobility problems ,now waiting for the outcome of the reconsideration . how can you go off a medical report thats 5 yrs old ,my health was different then .the mind boggles .


Hi ddd,

Something that you should be aware of if you are to stay in The WRAG in receipt of CB ESA only :

12 Month Limit for ESA(CB)

Further, you might want to request a Mandatory Reconsideration formally in writing, as you only have one month to do so from the date of the WRAG decision notice letter.

This will cover you, in case the DWP say that you have not formally requested an MR within the one month allowed.

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

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

ESA Claims Guides

You could reiterate what has been said in the telephone conversations with The DWP, as a record that you have challenged the WRAG decision.

Sending Documents to the DWP or ATOS

bro58

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9 years 10 months ago #122485 by Gordon
Replied by Gordon on topic Mandatory Reconsideration for ESA.
Dolly

Just to add to the advice already given.

Based on your post, the DWP have not fulfilled their obligations in regard to transferring you to ESA in a proper manner, this raises the question as to whether the transfer is therefore legal in the first place.

This is not something we can answer on the forum but it may well be worth your getting face to face advice from a trained Welfare Advisor, do an internet search for "welfare advice" with your postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: bro58

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  • bro58
9 years 10 months ago #122489 by bro58
Replied by bro58 on topic Mandatory Reconsideration for ESA.
Thanks G, :)

Yes ddd,

The DWP must issue an ESA "Conversion Notice" at the start of the transfer process.

This is covered in our "Being transferred from incapacity benefit to employment and support allowance. A 22 page guide to the transfer process." Guide.

Top link on this page :

ESA Claims Guides

See also : Where to get advice

bro58

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9 years 10 months ago #122505 by dollydaydream
Replied by dollydaydream on topic Mandatory Reconsideration for ESA.
my husband and daughter sent letters in ,and man from dwp..medical testing centre asked me various questions ,i hadnt recieved the medical report from 2009 by then ,so didnt even know what was on there ,i just gave the info they asked for ,and he said thats fine i have enough ,if you dont hear from us within 14 days phone back ........2 days later the 2009 medical report arrived ..have phoned my gp today to see if they had sent any paperwork in to these ppl ,the answer was no ,so it seems everything they have is from 2009...................i deffo havent filled any forms in ,didnt think they could do this x

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9 years 10 months ago #122507 by dollydaydream
Replied by dollydaydream on topic Mandatory Reconsideration for ESA.
hi phoned gp today and they have not sent any info ,so it seems everything is from 2009 .

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