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ESA
10 years 1 week ago - 10 years 1 week ago #134202 by bro58
Hi ijj,
Welcome to Benefits and Work
Once you receive the adverse ESA fit for work decision notice letter through the post, you have one month from the date of that letter to make a written request for a Mandatory Reconsideration. (MR)
It is important that you do this formally in writing making it absolutely clear that you are requesting a Mandatory Reconsideration of the fit for work decision :
Sending Documents to the DWP.
Post it to the address of the Benefit Office/Centre on the letter.
If you need an income whilst going through the MR process , you would have to make a claim for JSA.
This can be done with reduced conditionality to your Job Seekers Agreement, and they should take into account your limitations.
If you MR is unsuccessful, once you have written confirmation of this in the form of an MR Notice letter, you can appeal direct to The Tribunal Service. (TS)
Once the TS have accepted your appeal in writing, you can then revert to ESA at the Assessment Rate.
You need to obtain fresh fit notes from your G.P. to cover you from the date of the fit for work decision in the interim.
Keep hold of them safely until the time comes to be placed back onto Assessment Rate ESA, that being the case.
If you have been claiming and receiving JSA, you will receive ESA from the date that you go back onto ESA.
If you haven't been claiming JSA, you should be paid Assessment Rate ESA backdated to the date of the fit for work decision.
This is why you need the fit notes to cover you from that time.
If you claim JSA and present the fit notes to them, they may refuse your claim stating that you are unfit to actively seek or take up employment.
This is why you should keep hold of them until the TS have accepted your appeal, that being the case.
See : Mandatory Reconsiderations Explained
ESA MR/Appeals Guidance.
Plus our two ESA Claims Guides third and forth links down the same page.
See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Please keep us updated.
bro58
Replied by bro58 on topic ESA
ijjou wrote: Hi Everyone there,
I have got a phone call from DWP today because I was turned down for ESA after WCA which took place 2 weeks ago. The person at the other end asked me to go and claim JSA and that a decision letter will be posted to me in the next 7 working days! However, when I asked if I have the right of appeal.. the lady said that I have a long way to wait for that one..., and that I should wait for the letter which will explain about the mandatory reconsideration!
My question is shouldn't DWP request myself to apply for a mandatory reconsideration as soon as the decision is made by DWP to close my ESA claim?
Regards,
Hi ijj,
Welcome to Benefits and Work
Once you receive the adverse ESA fit for work decision notice letter through the post, you have one month from the date of that letter to make a written request for a Mandatory Reconsideration. (MR)
It is important that you do this formally in writing making it absolutely clear that you are requesting a Mandatory Reconsideration of the fit for work decision :
Sending Documents to the DWP.
Post it to the address of the Benefit Office/Centre on the letter.
If you need an income whilst going through the MR process , you would have to make a claim for JSA.
This can be done with reduced conditionality to your Job Seekers Agreement, and they should take into account your limitations.
If you MR is unsuccessful, once you have written confirmation of this in the form of an MR Notice letter, you can appeal direct to The Tribunal Service. (TS)
Once the TS have accepted your appeal in writing, you can then revert to ESA at the Assessment Rate.
You need to obtain fresh fit notes from your G.P. to cover you from the date of the fit for work decision in the interim.
Keep hold of them safely until the time comes to be placed back onto Assessment Rate ESA, that being the case.
If you have been claiming and receiving JSA, you will receive ESA from the date that you go back onto ESA.
If you haven't been claiming JSA, you should be paid Assessment Rate ESA backdated to the date of the fit for work decision.
This is why you need the fit notes to cover you from that time.
If you claim JSA and present the fit notes to them, they may refuse your claim stating that you are unfit to actively seek or take up employment.
This is why you should keep hold of them until the TS have accepted your appeal, that being the case.
See : Mandatory Reconsiderations Explained
ESA MR/Appeals Guidance.
Plus our two ESA Claims Guides third and forth links down the same page.
See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Please keep us updated.
bro58
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