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Denied MR

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5 years 5 months ago #241075 by Brog
Denied MR was created by Brog
Hi all,

I would be very pleased if someone would give me some advice on how to proceed.

I claimed and was in receipt of contributions based ESA from last November. In April this year I attended CHDA for a WCA. After more than three hours at the assessment the HCP abandoned the assessment on the grounds of health and safety (despite my pleading to complete the assessment) I was then told that I would be recalled for another WCA.

I have repeatedly requested that I be given another WCA.

I now find that the law says that CB ESA can only be paid for one year unless I’m placed in the support group and I cannot be placed in the support group unless I have a WCA. I have received no further payments from 14th November.

The DWP wrote to me to tell me that I was being cut off and further stated that I could ask for a MR.

I rang the DWP to request this but was told I could not request a MR because the law says only 365 days can be paid.

Any advice greatly appreciated.

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5 years 5 months ago #241095 by Gordon
Replied by Gordon on topic Denied MR
Brog

There are limited circumstances where you can challenge a Decision to stop payment of your ESA(CB) due to the Time Limit, basically, that you have not spent the 365 days outside of the SG. if you have then the DWP are correct and they cannot accept your request for an MR.

Have you checked whether you are eligible for Income Related ESA? ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

You say you have repeatedly requested another WCA, who are you contacting?

You could involve your MP although you will need to be quick.

Contacting your MP

Gordon

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

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