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Refused ESA upon re-assessment

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8 years 3 weeks ago #156029 by crad2@hotmail.com
Replied by crad2@hotmail.com on topic Refused ESA upon re-assessment
Do the DWP normally acknowledge receipt of a SAR ?
I believe they have 40 days to provide the information requested is this correct?
Also do they acknowledge receipt of a MR request?
Thank you

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8 years 3 weeks ago #156054 by Gordon
Replied by Gordon on topic Refused ESA upon re-assessment

vision wrote: Do the DWP normally acknowledge receipt of a SAR ?
I believe they have 40 days to provide the information requested is this correct?
Also do they acknowledge receipt of a MR request?
Thank you


The DWP rarely acknowledge receipt of anything that you send, the simplest thing is for you to give them a call to confirm receipt.

Yes, SARs should be completed within 40 calendar days.

Gordon

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8 years 2 weeks ago #156177 by crad2@hotmail.com
Replied by crad2@hotmail.com on topic Refused ESA upon re-assessment
My friend contacted DWP about his MR for ESA, they said they had no record of it ! after several phone calls they have now found it. It was sent recorded delivery and shown as delivered on 10 March 16,
He is now short of money to live on, Would it prejudice his MR and possible future appeal if he signed on for JSA? He was in S.G must they take this into account if he signs on?
Many thanks for any advice

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8 years 2 weeks ago - 8 years 2 weeks ago #156196 by Gordon
Replied by Gordon on topic Refused ESA upon re-assessment

vision wrote: My friend contacted DWP about his MR for ESA, they said they had no record of it ! after several phone calls they have now found it. It was sent recorded delivery and shown as delivered on 10 March 16,
He is now short of money to live on, Would it prejudice his MR and possible future appeal if he signed on for JSA? He was in S.G must they take this into account if he signs on?
Many thanks for any advice


It's quite normal for claimants to claim JSA while they wait for the MR to complete, it will have no impact on any revised Decision by the DWP or tan Appeal.

If it goes on to appeal then they can ask to be switched back to the ESA Assessment rate providing they can provide Fit Notes from the day after they were found Fit for Work.

As they are appealing then they should be able to negotiate a minimum Job Search Agreement, alternatively, once they have been accepted onto JSA (nut not before) they can present a Fit Note and be excused Job Searching for up to 13 weeks.

Gordon

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Last edit: 8 years 2 weeks ago by Gordon.
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7 years 8 months ago #166291 by crad2@hotmail.com
Replied by crad2@hotmail.com on topic Refused ESA upon re-assessment
My friend went to ESA appeal. Still not enough points awarded but they awarded WRAG group on regulation 29.
DWP have sent him a letter saying they are paying him ESA at £73.10 per week which i believe is wrong. The ESA rate in the WRAG is £102.15 per week (over 25). Can the DWP do this? after the appeal judgement.
Thank you

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7 years 8 months ago - 7 years 8 months ago #166310 by slugsta
Replied by slugsta on topic Refused ESA upon re-assessment
Hi vision,

I'm glad the Tribunal found in your friend's favour.

I have no idea why DWP are paying the assessment rate. It could be that they are intending to ask for a Statement of Reasons in the hope of finding an Error in Law and taking things further. If this were the case, your friend would get a copy of the SOR too.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

I'm afraid the only way you will know is to contact DWP and ask :(

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 8 months ago by slugsta.

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