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Need help re: ESA appeal

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6 years 1 month ago #228775 by Lee
Replied by Lee on topic Need help re: ESA appeal
Amazing news - spent all last night getting together everything I could lay my hands on to help with my appeal, and today my Mandatory Reconsideration notice came through the post - they've changed their mind!

I'm absolutely stunned as I was led to believe MR's were just another way for the DWP to stall the process, but the letter they have sent has gone into great detail.

There are a couple of drawbacks - I am to be re-reffered in 12 months which means all this will start again in a year's time, and I have been placed in the Work Related Activity Group rather than the Support Group that I was previously in. I'm not sure whether I will be able to do what is required of me in the WRAG and am worried that I might be sanctioned if I can't. Maybe I can appeal this decision to try and get back in the Support Group? Or should I just be grateful I've got a positive decision.

Anyway, I'll list below a few quotes from my MR notice that I found might be of interest, while not going into my specific health issues (anexiety etc.) -

- "You identified limitations with a number of the activities but I have not considered them all as you only need 15 points from the WCA to qualify for ESA. You have now achieved 15 points."

- Coping with Change - "Having considered all available evidence, I place greater weight on the evidence from your personal statement. You have provided good insight in to the effects on your day-to-day life and the long-term impacts. 6 points are awarded for this activity"

- Dealing with Other People - "Having considered all available evidence, I place greater weight on the evidence from your personal statement. With regards to dealing with other people, you have provided good examples of the impact this has and the barriers you experience. 9 points are awarded for this activity"

- "Furthermore, additional comments within your MR request suggest that some of the HCP findings were not discussed at your assessment and you feel therefore it present a different concept of your abilities. You go on to say that while the HCP seemingly had an understanding of your condition, they did not appreciate the different ways in which it can affect each individual, as described in your personal statement. I have taken this into consideration."

They then give me a run-down of what will be expected of me in the WRAG and that gave my a mild panic as I'm not sure I would be capable of doing that. I'm thinking of appealing but am worried it will affect this decision to at least change their mind.

I do think the fact that I told them that I had been helped by my local Citizens Advice Bureau might have helped my case.

I have underlined three instances where they have taken a personal statement into account. I'm pleasantly surprised that have taken me on my word - obviously it has made a big difference writing my thoughts myself as well as focusing on getting the points needed.

Thanks you Gordon for your advice the last few days - it is much appreciated.

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6 years 1 month ago #228786 by Gordon
Replied by Gordon on topic Need help re: ESA appeal
Lee

You still have the opportunity to request an appeal based on this new Decision, as this is ESA the "award length" is not part of the Decision and cannot be challenged, so it would be purely on the basis of your qualifying for the SG.

You don't have to make an immediate decision, whilst the normal time for requesting an appeal is one month from the date of the MR Notice but you can make a Late request up to 13 months from the MR date.

The DWP have opened the door by accepting that you have problems with Coping with Change and Coping with Social Situations, so it is an argument about how affected you are, however, the two Descriptors you would be aiming for set a high standard

Coping with change.
Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.

Coping with social engagement due to cognitive impairment or mental disorder.
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.

Gordon

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

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6 years 6 days ago #229742 by Lee
Replied by Lee on topic Need help re: ESA appeal
Three weeks on from my Mandatory Reconsideration being successful, I've still not had any backpay or weekly payments resumed.

I've tried phoning the DWP on several occasions but simply cannot get through - must have been waiting well over three hours over the course of 5 or 6 calls!

What can I do!?

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6 years 6 days ago #229760 by Gordon
Replied by Gordon on topic Need help re: ESA appeal
Lee

I would have expected this to have been sorted by now. I would give the DWP office dealing with your claim a call.

Gordon

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

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