Mandatory Reconsideration

Camper wrote: I Have received all the information I requested from the DWP and it states that I scored 24 points on the following descriptors :
Initiating actions 6 points
Coping with change 6 points
Going out 6 points
Coping with social situations 6 points
I have my appeal date set for the 3rd July 15, I spoke to my benefits advisor today advising her of the appeal date. She asked if I still wanted to appeal the decision to put me into the WRAG and told me again that i could possibly be given less points and lose my ESA. She also said that i did not qualify for for any of the descriptors for the Support Group. I commented that i thought the object of the appeal was to try to put forward further information supporting my move to the support group.
She has given me an appointment 10 working days before my appeal is due to be heard. I am panicking now as it seems to be very close to the date to supply any additional information.

Hi C,

As previously advised and as stated in The Benchbook, the Tribunal must first issue a verbal warning if they are considering reducing your WRAG award, therefore giving you the opportunity to withdraw your appeal there and then.

To lose your WRAG award and find you "fit for work" you would have to lose more than 9 points, as only 15 points are required for a WRAG Award.

Here are : The WRAG (LCW)Schedule 2 Descriptors

The only ways that you can gain access to The SG is by fulfilling at least one, any one of : The Functional SG (LCWRA)Schedule 3 Descriptors or, if you cannot fulfil at least one of those via : ESA Reg 35 for entry to The SG (LCWRA)

See also :

Qualifying for the Support Group

&

ESA Claims Guides

I cannot comment of Advisor's comments other than if they feel that you cannot qualify for The SG, why have they agreed to represent you at a Tribunal Hearing ?

Yes, you should ideally ensure that all your evidence/submission are with The Tribunal 10-14 days before the hearing.

You can however present an A4 page of evidence on the day, you would need to make 4 copies, one for you and the other 3 should be presented to The Clerk before the hearing begins : How to write an appeal submission. DR UK

The ESA Appeal Hearing should be pretty informal, see an example of one below :

MOJ Video of “mock” ESA Appeals Process and Tribunal

Good luck on whatever you decide and please keep us updated.

bro58

bro58 wrote:

Camper wrote: I Have received all the information I requested from the DWP and it states that I scored 24 points on the following descriptors :
Initiating actions 6 points
Coping with change 6 points
Going out 6 points
Coping with social situations 6 points
I have my appeal date set for the 3rd July 15, I spoke to my benefits advisor today advising her of the appeal date. She asked if I still wanted to appeal the decision to put me into the WRAG and told me again that i could possibly be given less points and lose my ESA. She also said that i did not qualify for for any of the descriptors for the Support Group. I commented that i thought the object of the appeal was to try to put forward further information supporting my move to the support group.
She has given me an appointment 10 working days before my appeal is due to be heard. I am panicking now as it seems to be very close to the date to supply any additional information.

Hi C,

As previously advised and as stated in The Benchbook, the Tribunal must first issue a verbal warning if they are considering reducing your WRAG award, therefore giving you the opportunity to withdraw your appeal there and then.

To lose your WRAG award and find you "fit for work" you would have to lose more than 9 points, as only 15 points are required for a WRAG Award.

Here are : The WRAG (LCW)Schedule 2 Descriptors

The only ways that you can gain access to The SG is by fulfilling at least one, any one of : The Functional SG (LCWRA)Schedule 3 Descriptors or, if you cannot fulfil at least one of those via : ESA Reg 35 for entry to The SG (LCWRA)

See also :

Qualifying for the Support Group

&

ESA Claims Guides

I cannot comment of Advisor's comments other than if they feel that you cannot qualify for The SG, why have they agreed to represent you at a Tribunal Hearing ?

Yes, you should ideally ensure that all your evidence/submission are with The Tribunal 10-14 days before the hearing.

You can however present an A4 page of evidence on the day, you would need to make 4 copies, one for you and the other 3 should be presented to The Clerk before the hearing begins : How to write an appeal submission. DR UK

The ESA Appeal Hearing should be pretty informal, see an example of one below :

MOJ Video of “mock” ESA Appeals Process and Tribunal

Good luck on whatever you decide and please keep us updated.

bro58

Apologies C !!

I have noticed that I have repeated links that I have provided previously !

That will teach me not to review my previous posts in a topic !!

bro58

Has anyone had a decision overturned for PIP following a mandatory Reconsideration?
My husband has sent in more detailed evidence including a letter from GP saying how my health condition impacts on my day to day life.
Also wondering how long it takes!?

In the reply to my Mandatory Reconsideration letter from the Decision Maker there was a paragraph stating "I advise the Tribunal that the claimant may be in receipt of another benefit. Should the Tribunal decide to award Employment and Support Allowance then any payments of any overlapping Benefit should be offset against this award.
10. Social Security (Payments on Account) Regulations 1988, reg5(1)and (2).
Can you explain what this means please.