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9 years 2 months ago #153710 by wendy2
Replied by wendy2 on topic mandatory reassessment
My son got zero points not a big surprise but still a shock.On the form it said not in receipt of PIP or DLA and in a way I am thinking they think well if he not in receipt of anything else he can not be that bad.Maybe , just my thinking.But we never had any idea that over last 27 years he could have had 2 benefits.And now a welfare rights worker says that had he had DLA then he would have had 50 a week to cushion blow of having to sign on.I really do not understand this.But it seems to be that my son should have been having DLA on top of his severe disablement allowance and now he is sort of losing out yet again and we never knew that you could have 2 benefits at one time.And we have financed him he is our son and that not a problem but now it seems he could have been cushioned a little financially had he been on DLA when taken off severe disability .I just do not understand this.Any advice helpful thank you and I do know this not biggest problem you dealing with and do not expect lot of info

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9 years 2 months ago #153742 by Gordon
Replied by Gordon on topic mandatory reassessment
Wendy

DLA and/or PIP are separate benefits from ESA, I think they are suggesting that if he was receiving DLA/PIP then this would still be in payment even though the ESA claim has been denied.

I'm not sure about the 50 weeks, although there is a situation where 52 weeks (not 50) is relevant to ESA, it is not relevant to your son's situation unless the current Decision is overturned.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 2 months ago #153841 by wendy2
Replied by wendy2 on topic mandatory reassessment
sorry my bad typing - 50 pounds a week from PIP or DLA to cushion blow of losing severe disablement/income support which is benefit he had been on last 27 years not 50 weeks time wise but 50 pound a week - I cannot use the pound mark on this computer - sorry.He got letter dated 16th Feb saying no points and his welfare rights person phoned 1st march to say putting in MR and Welfare Rights person said would be ok till 9th March then phone them again to say sending in further evidence.But when she phoned told too late decision about to be made - anyway - on 12th March my son received letter turning down MR and that letter was dated 9th March.I am sure they have it covered but I thought you had 30 days and if that letter dated 9th March and initial letter dated 16th Feb - clutching at straws maybe - but could there be a point there -I feel stupid asking it because they would not have done it had they been doing something illegal - but - sorry - i am asking

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9 years 2 months ago - 9 years 2 months ago #153849 by Gordon
Replied by Gordon on topic mandatory reassessment
Wendy

The 30 days applies to your submitting the request for a Mandatory Reconsideration, if the welfare rights person informed the DWP that you would be sending additional information then they should have allowed 28 days for you to do this, although this period is not defined in legislation. However, if they did not then then there is no requirement for the DWP to wait to process the MR.

You can push the DWP to carry out a second MR by sending the information in with a covering letter explaining what has happened or you can go straight on to appeal. Our experience is that revision rates at MR are quite low but hey do happen, appeal rates are far higher.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 2 months ago by Gordon.

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9 years 2 months ago #153852 by wendy2
Replied by wendy2 on topic mandatory reassessment
ok- thank you. Welfare rights person is lovely and been great help she was taken aback after her phone call she said they seem to be pushing things through quicker in particular with regard to my son who must be one of the last on severe disablement allowance.Anyway we have nothing but gratitude for welfare rights officer - now sort of lost initial point do not answer this till I go back and read your last email.Sorry

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9 years 2 months ago #153861 by wendy2
Replied by wendy2 on topic mandatory reassessment
Right ok got it now.Best just go for appeal.Trouble is we have no medical evidence because M.E. and my son has learned to cope without medical help because there is none.But what could be - may be - his only hope would be legal or procedural mistakes.I will say although I feel I am already on a hiding to nothing but nothing lost in saying - their handbook says sight test must be read out loud - assessor did not ask him to do that he was confused about what to do - anyway at end she said you read and understood it - he said nothing but it is on tape.And she did not deal with variability or reliable repeatability and at least the latter is a legal requirement.So basically I think that would be what we would be basing an appeal on.Let me down easy please if I am whistling in the wind.I have to do something for my son because he is not fit for work and had to sign on today and yet welfare rights worker said that would not happen.They were nice ! ! and on front of his form in big red letters - do not push.

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