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Re Decision after F2F
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8 years 7 months ago #172840 by ESA Headache
Replied by ESA Headache on topic Re Decision after F2F
AM I correct in thinking that the DWP after Mandatory Reconsideration state as to whether you can Appeal to a Tribunal or not?
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8 years 7 months ago - 8 years 7 months ago #172850 by slugsta
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Replied by slugsta on topic Re Decision after F2F
You will submit your appeal request direct to the Tribunal Service, this is a legal body entirely independent of DWP.
DWP often state in their submission that they think the appeal should be disallowed - but I don't think I have ever heard of the TS listening to them.
DWP often state in their submission that they think the appeal should be disallowed - but I don't think I have ever heard of the TS listening to them.
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Last edit: 8 years 7 months ago by slugsta.
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8 years 7 months ago #172921 by ESA Headache
Replied by ESA Headache on topic Re Decision after F2F
Worried and stressed re my f2f tomorrow.
I am worrying that if I am told that I do not qualify to ESA and hence I shall obviously request a Mandatory Reconsideration that it will be difficult to fit in everything due to the run up to Christmas. I mean the postal service and DWP closure etc and the fact that we always have quite a wait to get GP appointment, usually more than a weeks wait unless urgent.
Am I correct in thinking that as soon as the Decision Maker makes the decision that the date on that letter is the start of the 1 month needed to make my request. If so is the time that I will have to wait to receive the ESA85 to find out why I was refused not taken into account and hence extending the 1 month deadline
Too be honest I am just wondering why I bothered to have someone complete the ESA50 as it seems to me that Maximus don't bother to read what is written or don't believe it. Especially as after a bit of a battle it was accepted that I should be in the support group and as I have a neurological condition amongst others, the health problems is not doing to improve, only worsen which is has.
I am worrying that if I am told that I do not qualify to ESA and hence I shall obviously request a Mandatory Reconsideration that it will be difficult to fit in everything due to the run up to Christmas. I mean the postal service and DWP closure etc and the fact that we always have quite a wait to get GP appointment, usually more than a weeks wait unless urgent.
Am I correct in thinking that as soon as the Decision Maker makes the decision that the date on that letter is the start of the 1 month needed to make my request. If so is the time that I will have to wait to receive the ESA85 to find out why I was refused not taken into account and hence extending the 1 month deadline
Too be honest I am just wondering why I bothered to have someone complete the ESA50 as it seems to me that Maximus don't bother to read what is written or don't believe it. Especially as after a bit of a battle it was accepted that I should be in the support group and as I have a neurological condition amongst others, the health problems is not doing to improve, only worsen which is has.
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8 years 7 months ago - 8 years 7 months ago #172941 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re Decision after F2F
Yes, the relevant date for requesting a MR is the date on the decision letter. The 1 month allowed to submit the MR request includes postage both ways.
You don't need to include a lot of information initially if the assessor's report has not arrived. Tell the DWP that you are awaiting the report and will then send further information and they should give you a further 3-4 weeks.
Don't forget that you don't have to refute every bit of the report, concentrate on the things where you think you should score (more) points.
You don't need to include a lot of information initially if the assessor's report has not arrived. Tell the DWP that you are awaiting the report and will then send further information and they should give you a further 3-4 weeks.
Don't forget that you don't have to refute every bit of the report, concentrate on the things where you think you should score (more) points.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 7 months ago by slugsta.
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8 years 7 months ago #172985 by ESA Headache
Replied by ESA Headache on topic Re Decision after F2F
Will I have to await the paper Decision from the Decision Maker before I ask for a copy of the ESA85?
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8 years 7 months ago #172999 by slugsta
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Replied by slugsta on topic Re Decision after F2F
You will certainly have to wait until a decision is made.
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