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No ESA50 since 2013. Failed f2f feb 2015.
- pepsigirl_1
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9 years 11 months ago #135097 by pepsigirl_1
No ESA50 since 2013. Failed f2f feb 2015. was created by pepsigirl_1
I was called for a F2F in Dec 2014. attended but was told assesaor was not there. sent new appt for feb 2015. Attended that one. about a week later i was told i had been moved to the WRAG from ESASG. I rang to appeal against it. Was told i would received a copy of the HCP assessment and that after reading it. I could make a "Over the phone appeal"l. Which I did as soon as I got the letter. I was not allowed to cover anything that was not in the HCP statement. Since then I have been sent a Mandatory Reconsideration Notice. Stating. " Having considered all available evidence I place greater weight on the evidence of the HCP because it is most compelling and they are a trained disability analyst". It went on to say that they did not believe me. I have been unable to work for over 20years. When did my Miricle occur? I Have not been able to get help to appeal via tribunal as yet and missed my deadline of 25th May. It is only reading poswts on here that I realised I was not sent a new ESA50 to fill in before my F2F. I rang DWP on Friday after 5 pm and was told that I was last sent a EAS50 in 2013 which I returned. So now I dont know what to do.... Please can you help?
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- Gordon
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9 years 11 months ago #135132 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No ESA50 since 2013. Failed f2f feb 2015.
Pepsigirl
You have two choices, you can either try and get the DWP to look at the Decision again or go straight to appeal.
Although you did not complete a new ESA50, the assessment report will, in principle, be based on your conditions as the affect you now. From your post the DM dismissed your information as not credible, which I assume was your previous ESA50, it would seem unlikely that thy will be more amenable to an updated ESA50 unless you can also provide up to date medical evidence that is supportive of your limitations. Can you provide this within the 4 weeks that you might be given for a new MR.
As you have a Mandatory Reconsideration Notice you can proceed to appeal, although you will have to explain why the request is late, I would not expect this to be a problem.
Whilst your primary goal is to show that you still meet the criteria for the Support Group, you can use the fact that an old ESA50 was used by the assessor as reason to diminish their findings in the report.
The Decision has to of course be yours.
Gordon
You have two choices, you can either try and get the DWP to look at the Decision again or go straight to appeal.
Although you did not complete a new ESA50, the assessment report will, in principle, be based on your conditions as the affect you now. From your post the DM dismissed your information as not credible, which I assume was your previous ESA50, it would seem unlikely that thy will be more amenable to an updated ESA50 unless you can also provide up to date medical evidence that is supportive of your limitations. Can you provide this within the 4 weeks that you might be given for a new MR.
As you have a Mandatory Reconsideration Notice you can proceed to appeal, although you will have to explain why the request is late, I would not expect this to be a problem.
Whilst your primary goal is to show that you still meet the criteria for the Support Group, you can use the fact that an old ESA50 was used by the assessor as reason to diminish their findings in the report.
The Decision has to of course be yours.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: naheegan
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