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ESA mandatory reconsideration - What info

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7 years 1 month ago #211048 by Rae
Hi I have received a 0 points letter from my ESA face to face assessment which I am going to appeal against. I was just wondering - when I apply for a mandatory reconsideration do I need to put all my reasons for reconsideration in the letter or just the request for reconsideration? i.e do I go through the answers on their letter and answer/contradict each one or just request reconsideration? HELP time is running out!!

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7 years 1 month ago #211060 by Gordon
Replied by Gordon on topic ESA mandatory reconsideration - What info
Rae

It's up to you but it is unlikely that the Decision will be revised if you don't explain where you think it is wrong.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Rae

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7 years 4 weeks ago #211821 by Rae
How can it be that you can be told to report to jobcentre as actively seeking work when you have a fit note for 6 months saying that you are not fit to work at all? How can this be overuled by someone who has seen you for 15 minutes after making you wait for over an hour past yr appointment time to be seen at all!!!
I have used the website to complete my mandatory reconsideration request but fear that I may now have missed the deadline as was far too worked up about it all to get it in on the exact date but if it arrives on the date will it still be considered. e.g letter dated 10th if gets there on 10th will it be accepted.
Sorry Gordon I just get very easily confused so everything takes me forever to do it I don't forget about it altogether. :silly:

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7 years 4 weeks ago #211830 by Gordon
Replied by Gordon on topic ESA mandatory reconsideration - What info
Rae

It's important to understand that the Fit Note and the ESA Decision are separate things. The Fit for Work Decision is the result of your not meeting the criteria for an ESA award, your GP is perfectly entitled to continue to issue Fit Notes for you but they will no longer be considered for your ESA unless you can show a deterioration or new condition reasonably likely to result in an ESA award.

The MR request needs to be with the DWP within one month of the date of the Decision, if it is going to be late then include an explanation of the problems you have had making the request, this should ensure that it is accepted.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 weeks ago #211843 by Rae
Thanks Gordon. I'm just getting a bit hysterical now. My MR letter will be in on time (JUST) and hopefully I won't have made a complete hash of it. I just feel sick when I look at their so called 'assessment' which seems to be a list of assumptions rather than observations or questioning and completely ignoring any evidence. The mistake I made was that I was in the support group but then decided that I did not want to be defined by disability, so took a job for 8 months, saved as much as I could and then when couldn't do it anymore managed to live off what I had saved rather than make a claim. Big mistake.
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