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Today's maximus news - really scared.
9 years 2 months ago - 9 years 2 months ago #130305 by bro58
Hi C,
What Maximus state that they are going to do, and what they actually end up doing may be two totally different things.
They have to state this, to put a positive slant on how they are going to deal with the backlog.
As we always advise, I would prepare as much as you can do on the premise that you may receive your ESA50 around the time that it would be expected.
The updated information in our Mental Health Claims Guide, is as a result of fresh "Guidance" given to Assessors on how the legislation should be applied.
The Actual ESA Reg 35 legislation remains unchanged, so if you can still prove that their would be a substantial risk to your own health or that of another if you were not placed into The SG, you should still qualify.
If you ever did get found fit for work, you would first request a Mandatory Reconsideration. (MR)
Whilst the MR is ongoing you would not receive any ESA, however , if you needed an income, you could sign on for JSA with a reduced conditionality.
Once the MR has been done, and you have received The MR Notice, if you are still not happy with the decision, or if it has not changed you can appeal directly to The Tribunal Service. (TS)
Once The TS have accepted your appeal you can them revert back to ESA at the assessment rate.
I really think that you are jumping the gun a bit !!
Let's take it one step at a time !!
bro58
Replied by bro58 on topic Today's maximus news - really scared.
Chrissy wrote: Hi
I know I posted before, about maximus but in light of today's news I am really worried.
I am a woman who's ESA in the SG is due to come to an end in June of this year.
I am classed as a danger to myself where I have rages and these put me at substantial risk.
I know that there are backlogs and was hoping that I would get a bit more time in the support group, but now that maximus say they will do a million assessments in the first year, I am worried that they will call on me around April time.
Also, as I am a woman, I am extra worried.
I don't have any additional factors, such as being homeless or divorced.
I am really worried.
I do have your latest mental health guide.
If I get found fit for work and want to go on to do a tribunal, I understand that I won't be paid while waiting for a mandatory reconsideration, but will I be paid if the mandatory reconsideration is not successful and I go on to appeal?
Also, will my disability living allowance be suspended if I fail my WCA assessment?
Many thanks
Hi C,
What Maximus state that they are going to do, and what they actually end up doing may be two totally different things.
They have to state this, to put a positive slant on how they are going to deal with the backlog.
As we always advise, I would prepare as much as you can do on the premise that you may receive your ESA50 around the time that it would be expected.
The updated information in our Mental Health Claims Guide, is as a result of fresh "Guidance" given to Assessors on how the legislation should be applied.
The Actual ESA Reg 35 legislation remains unchanged, so if you can still prove that their would be a substantial risk to your own health or that of another if you were not placed into The SG, you should still qualify.
If you ever did get found fit for work, you would first request a Mandatory Reconsideration. (MR)
Whilst the MR is ongoing you would not receive any ESA, however , if you needed an income, you could sign on for JSA with a reduced conditionality.
Once the MR has been done, and you have received The MR Notice, if you are still not happy with the decision, or if it has not changed you can appeal directly to The Tribunal Service. (TS)
Once The TS have accepted your appeal you can them revert back to ESA at the assessment rate.
I really think that you are jumping the gun a bit !!
Let's take it one step at a time !!
bro58
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9 years 2 months ago - 9 years 2 months ago #130312 by bro58
Hi C,
On the premise that your direct lodgement to The TS is filled in and sent correctly, The TS are usually pretty quick in accepting it.
The majority of the time involved will be in The DWP dealing with The MR and supplying an MR Notice to you, and waiting for the actual appeal hearing.
This process is explained in our : ESA MR/Appeals Guidance.
See also : Mandatory Reconsiderations Explained
&
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Although as previously advised, I would not worry unduly about this !!
bro58
Replied by bro58 on topic Today's maximus news - really scared.
Chrissy wrote: Hi Bro, thank you for your helpful reply.
Do you know how long it may take for the TS to accept my appeal?
Hi C,
On the premise that your direct lodgement to The TS is filled in and sent correctly, The TS are usually pretty quick in accepting it.
The majority of the time involved will be in The DWP dealing with The MR and supplying an MR Notice to you, and waiting for the actual appeal hearing.
This process is explained in our : ESA MR/Appeals Guidance.
See also : Mandatory Reconsiderations Explained
&
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Although as previously advised, I would not worry unduly about this !!
bro58
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