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ESA reconsideration letter
- Becks
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8 years 9 months ago #137953 by Becks
ESA reconsideration letter was created by Becks
Hi there, I am in the ESA WRAG and attend my job centre every six months. I am receiving both components (higher rate) of DLA. I received a letter from ESA following a request from my job centre to reconsider my health conditions as we believe I should be in the support group. The letter asks for me to provide "medical evidence (a letter from your GP) with details of my current health conditions,medications and symptoms and the date your health deteriorated." I have been given two weeks from their date to reply. Please could you advise me on this as I would not be in a position to get my GP to write this letter, but I have copies of medical notes that I used as part of my DLA claim. I need clarification on this as I do not know how this forms part of any appeal process.
Many thanks, Rebecca
Many thanks, Rebecca
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- Becks
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8 years 9 months ago #137959 by Becks
Replied by Becks on topic ESA reconsideration letter
Hi I am in WRAG and the Job Center agree that I should be in Support Group. They informed ESA and as a result I have received a letter asking me to provide " medical evidence (a letter from my doctor) with details od your current condition, treatment and symptoms" I was given a timeframe of two weeks to reply. The letter has no heading so I do not know if I should follow your 'mandatory reconsideration' guidance as this letter does not seem to be in line with any guidance I have read. Also, they have not given me enough time to see my GP and get a letter as they instructed. It takes me two weeks to get an appointment and the letter was dates three days before I received it! Please advise me on what I should do.
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- Gordon
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8 years 9 months ago #137962 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reconsideration letter
RVC
Welcome to the forum.
It is very unusual for the DWP to accept a recommendation for re-assessment from your JC+ advisor, it is not clear from your post whether this is because your conditions have changed or you should have been placed in the Support Group when the Decision to place you in the WRAG was made.
If this was due to a reported change then there are two requirements for you to be placed in the Support Group, first the DWP must be satisfied that a change in your conditions has occurred in the first place, then you must show that you meet the criteria for the Support Group.
If this is a challenge to the original Decision then you will need to show that you met SG criteria when that Decision was originally made.
I can see that you have been a member for some time so I assume that you used the ESA Claim guides for your last re-assessment, you need to go back through these to see if you can show that you meet any of the SG criteria, you will need to support any claim with medical evidence to have a realistic chance of being moved to the SG.
If we can help you more then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum.
It is very unusual for the DWP to accept a recommendation for re-assessment from your JC+ advisor, it is not clear from your post whether this is because your conditions have changed or you should have been placed in the Support Group when the Decision to place you in the WRAG was made.
If this was due to a reported change then there are two requirements for you to be placed in the Support Group, first the DWP must be satisfied that a change in your conditions has occurred in the first place, then you must show that you meet the criteria for the Support Group.
If this is a challenge to the original Decision then you will need to show that you met SG criteria when that Decision was originally made.
I can see that you have been a member for some time so I assume that you used the ESA Claim guides for your last re-assessment, you need to go back through these to see if you can show that you meet any of the SG criteria, you will need to support any claim with medical evidence to have a realistic chance of being moved to the SG.
If we can help you more then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Becks
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- bro58
8 years 9 months ago - 8 years 9 months ago #137963 by bro58
Replied by bro58 on topic ESA reconsideration letter
Hi,
Whilst also taking Gordon's good advice into account :
To be clear, if 13 months or more have passed since the decision start date of your current WRAG award, you cannot request a Mandatory Reconsideration (MR) / Appeal of that decision, as 13 months is the absolute limit without exception for a "Late" MR/Appeal.
If more than the 13 months have elapsed, you can only gain access to The SG as a result of a Change of Circumstances in your health conditions and resulting imitations to such an extent that you now qualify for the SG.
Or, as the result of a reassessment instigated by The DWP.
bro58
Whilst also taking Gordon's good advice into account :
To be clear, if 13 months or more have passed since the decision start date of your current WRAG award, you cannot request a Mandatory Reconsideration (MR) / Appeal of that decision, as 13 months is the absolute limit without exception for a "Late" MR/Appeal.
If more than the 13 months have elapsed, you can only gain access to The SG as a result of a Change of Circumstances in your health conditions and resulting imitations to such an extent that you now qualify for the SG.
Or, as the result of a reassessment instigated by The DWP.
bro58
Last edit: 8 years 9 months ago by bro58.
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