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ESA Mandatory Reconsideration help
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5 years 7 months ago #237897 by sphere
ESA Mandatory Reconsideration help was created by sphere
I was unable to attend a WCA due to not being well the advice received from the benefits office was to provide medical evidence from the GP. I saw the GP and explained what happened and he was happy to help but there would be a delay in getting the evidence of about 3 weeks.
I contacted the benefits office and explained that I might be late providing the evidence explaining I may need more time, I was advised to send in one item to get the process started and any additional evidence I could send in later.
After chasing up the GP surgery I managed to get one letter which I thought would be good enough to start the process which I sent in to start the mandatory reconsideration process.
However I received a letter saying that the decision maker believes the correct decision was made this was a shock to me as I was waiting to get more evidence to send in it appears they have decided to make the decision on the one letter.
I wanted to know if it was possible to send in the additional evidence and ask the decision make to look at my claim or again or is my only option to appeal now.
I would be grateful for any help.
I contacted the benefits office and explained that I might be late providing the evidence explaining I may need more time, I was advised to send in one item to get the process started and any additional evidence I could send in later.
After chasing up the GP surgery I managed to get one letter which I thought would be good enough to start the process which I sent in to start the mandatory reconsideration process.
However I received a letter saying that the decision maker believes the correct decision was made this was a shock to me as I was waiting to get more evidence to send in it appears they have decided to make the decision on the one letter.
I wanted to know if it was possible to send in the additional evidence and ask the decision make to look at my claim or again or is my only option to appeal now.
I would be grateful for any help.
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5 years 7 months ago #237898 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Mandatory Reconsideration help
sphere
Just so I am clear, you have been treated as being Fit for Work following a failure to attend an assessment and you have requested an MR of that Decision?
I'm unsure why it would take your GP to produce a letter related to your being unable to attend an assessment on a particular day, I would have expected a Fit Note to cover the situation or have I misunderstood?
You have nothing to lose by submitting the additional information the DWP may do a second MR we have seen it happen in the past.
When did this happen?
Did your ESA include the Severe Disability Premium, it shows as "money because you are severely disabled" on the ESA Entitlement letters?
If you were receiving the Premium and it is less than a month since the Decision was made then you can make a new claim for ESA, however, if you were not receiving the Premium or it is more than month since the Decision then your only option for money at the moment is Universal Credit but be aware if you do claim UC then you cannot return to ESA even if you are able to overturn the Fit for Work Decision
Also, be aware that ESA is not payable during the appeal stage if you failed to attend an appointment.
Gordon
Just so I am clear, you have been treated as being Fit for Work following a failure to attend an assessment and you have requested an MR of that Decision?
I'm unsure why it would take your GP to produce a letter related to your being unable to attend an assessment on a particular day, I would have expected a Fit Note to cover the situation or have I misunderstood?
You have nothing to lose by submitting the additional information the DWP may do a second MR we have seen it happen in the past.
When did this happen?
Did your ESA include the Severe Disability Premium, it shows as "money because you are severely disabled" on the ESA Entitlement letters?
If you were receiving the Premium and it is less than a month since the Decision was made then you can make a new claim for ESA, however, if you were not receiving the Premium or it is more than month since the Decision then your only option for money at the moment is Universal Credit but be aware if you do claim UC then you cannot return to ESA even if you are able to overturn the Fit for Work Decision
Also, be aware that ESA is not payable during the appeal stage if you failed to attend an appointment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 7 months ago #237972 by sphere
Replied by sphere on topic ESA Mandatory Reconsideration help
I will try and clarify my situation I was due an assessment a couple of months ago but could not attend due to issues caused by medical conditions I cancelled that twice then received a form asking me to explain why I could not attend. My explanation and evidence from GP was accepted and my ESA payments continued.
I received another request for an assessment and had to cancel again due to my health I was told a form would be sent out, this time I did not receive the form I got a letter saying my ESA had been stopped as I had failed to attend an assessment if I did not agree I could ask for a mandatory reconsideration.
I called the DWP to explain that I did not receive the form and could not attend due to poor health I was told I need to send in evidence in order to start the mandatory reconsideration process I saw my GP who said it would take up to three weeks to get my evidence due to a backlog of work.
I decided to contact the DWP to inform that I might not be able to send in the evidence by the deadline I was advised to get something to start the process and once it was initiated I would have additional time to send in the extra information.
I did not realise that when sending in evidence I should have made a note on the documents this is to start the mandatory reconsideration process more evidence would be send it once I had it.
I was not aware how the mandatory reconsideration process works as for the ESA premium I am not sure if I was in receipt of any premium I know 100% sure when I was on incapacity benefit I used to get a premium.
When the switch to ESA happened I lost my benefits as I did not attend a WCA and had to start a new claim so may have lost the premium that is paid.
I want to apologise if I have still not properly elaborated on my situation I struggle at times to explain what it is I want to express.
I received another request for an assessment and had to cancel again due to my health I was told a form would be sent out, this time I did not receive the form I got a letter saying my ESA had been stopped as I had failed to attend an assessment if I did not agree I could ask for a mandatory reconsideration.
I called the DWP to explain that I did not receive the form and could not attend due to poor health I was told I need to send in evidence in order to start the mandatory reconsideration process I saw my GP who said it would take up to three weeks to get my evidence due to a backlog of work.
I decided to contact the DWP to inform that I might not be able to send in the evidence by the deadline I was advised to get something to start the process and once it was initiated I would have additional time to send in the extra information.
I did not realise that when sending in evidence I should have made a note on the documents this is to start the mandatory reconsideration process more evidence would be send it once I had it.
I was not aware how the mandatory reconsideration process works as for the ESA premium I am not sure if I was in receipt of any premium I know 100% sure when I was on incapacity benefit I used to get a premium.
When the switch to ESA happened I lost my benefits as I did not attend a WCA and had to start a new claim so may have lost the premium that is paid.
I want to apologise if I have still not properly elaborated on my situation I struggle at times to explain what it is I want to express.
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5 years 7 months ago #237973 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Mandatory Reconsideration help
sphere
Don't worry about your post, sometimes what seems perfectly clear to you isn't to others, it happens and really isn't a problem but we do need to know what is going on so we can provide the right advice
Do you receive DLA or PIP and at what rates? Do you live alone?
I'm concerned that your GP is providing a general report on your conditions rather than the specific one that is needed for this MR, you need to show that on the day of the assessment you were too ill to attend and that is what your GP needs to corroborate.
Gordon
Don't worry about your post, sometimes what seems perfectly clear to you isn't to others, it happens and really isn't a problem but we do need to know what is going on so we can provide the right advice
Do you receive DLA or PIP and at what rates? Do you live alone?
I'm concerned that your GP is providing a general report on your conditions rather than the specific one that is needed for this MR, you need to show that on the day of the assessment you were too ill to attend and that is what your GP needs to corroborate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sphere
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5 years 7 months ago #238083 by sphere
Replied by sphere on topic ESA Mandatory Reconsideration help
I receive DLA high rate both components and partner is in receipt of carers allowance, I live with my partner.
I have seen my GP with whom I discussed my benefits situation he apologised saying he was not an expert in benefit letters and now realises he should have provided a more detailed explanation as how my health was affected on the day of the WCA.
He will be providing me with another letter explaining how my medical conditions affect me, once I have this how do I ask for the DWP to have another look at the mandatory reconsideration or is my only option to appeal.
I would be very grateful for any advice and help received, thanks.
I have seen my GP with whom I discussed my benefits situation he apologised saying he was not an expert in benefit letters and now realises he should have provided a more detailed explanation as how my health was affected on the day of the WCA.
He will be providing me with another letter explaining how my medical conditions affect me, once I have this how do I ask for the DWP to have another look at the mandatory reconsideration or is my only option to appeal.
I would be very grateful for any advice and help received, thanks.
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5 years 7 months ago #238090 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Mandatory Reconsideration help
sphere
All you can do is ask the DWP to do a second MR, they are under no obligation to do so but we have seen it happen in the past.
As an MR has been completed I would request an appeal, submit the new GP letter as part of your request, the DWP are obligated to look at any evidence submitted as part of the appeal.
The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request to be accepted.
Or, you can submit your appeal request online
www.gov.uk/appeal-benefit-decision/submit-appeal
Your options for benefits until the Decision is hopefully revised are extremely limited, you cannot make a new claim for ESA so all you could claim is UC but if you do then you cannot return to ESA even if the current Decision is revised in your favour.
Gordon
All you can do is ask the DWP to do a second MR, they are under no obligation to do so but we have seen it happen in the past.
As an MR has been completed I would request an appeal, submit the new GP letter as part of your request, the DWP are obligated to look at any evidence submitted as part of the appeal.
The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request to be accepted.
Or, you can submit your appeal request online
www.gov.uk/appeal-benefit-decision/submit-appeal
Your options for benefits until the Decision is hopefully revised are extremely limited, you cannot make a new claim for ESA so all you could claim is UC but if you do then you cannot return to ESA even if the current Decision is revised in your favour.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sphere
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