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Quite urgent WRAG ESA Appt Monday afternoon.

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9 years 4 months ago #128325 by Gordon
LadyLuna

What you have been told by the advisor is rubbish, however, I am not sure that it is in your friends interest to resolve the matter, certainly you should not do so without their getting face to face advice to see whether it is or not.

Unless he committed to doing these things in writing and it was specifically mentioned that their failing to do so would result in a sanction then they won't be penalised if they do not.

There is an absolute limit of 13 months to ask for a Reconsideration of a Decision, it is not clear from your posts whether they would still be in time to do this, if they are then they will need to request a Mandatory Reconsideration and explain why the request is late, it will be up to the DWP whether their reasons are accepted. Any MR will only look at their condition as it was when the Decision was made, any change since then will be disregarded (see below)

If there has been a documented deterioration in their condition then they can ask to be re-assessed, if they are placed in the SG then payments would only be back dated to the date the request was made.

Gordon

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

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