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New Style ESA
- Mrs H
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2 years 5 months ago #265495 by Mrs H
Replied by Mrs H on topic New Style ESA
Catherine, I sent in the MR but I did not take each pint in turn and say what I though the score should be and why. Will thi matter. Or will they still look at my MR? Please advise.
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2 years 5 months ago #265499 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic New Style ESA
Hi Mrs H
It will not matter for the MR, the main point for the MR is that you send it in time. Quite often you will get the same result with a MR as the original decision.
What you may want to do is to start preparing for an appeal so that you do not get panicky, where you can go through each point in turn and highlight any discrepancies.
You may not need to go through with an appeal if you get the result you were looking for, but it does give you time to prepare for the worse and hope for the best.
Gary
It will not matter for the MR, the main point for the MR is that you send it in time. Quite often you will get the same result with a MR as the original decision.
What you may want to do is to start preparing for an appeal so that you do not get panicky, where you can go through each point in turn and highlight any discrepancies.
You may not need to go through with an appeal if you get the result you were looking for, but it does give you time to prepare for the worse and hope for the best.
Gary
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- Mrs H
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2 years 5 months ago #265513 by Mrs H
Replied by Mrs H on topic New Style ESA
Hello Gary,
Thank you very much for taking the time and trouble to answer my query.
All of this process of applying for PIP, ESA, etc., is so degrading. All of your life you have earned your money, paid your taxes, and not been dependent on the State, and then when your life and health situation deteriorates in elderly age, you find yourself literally begging from the Government for financial assistance. To add insult to injury, the people dealing with you just do not seem to care, and seem just bent on making your request for financial help as difficult as they possibly can. It’s a very sad situation.
Anyhow, we will take your advice and prepare for an appeal. Someone said that it is possible to request a second MR if you don’t agree with the first. What is your advice? Kind regards, LH
Thank you very much for taking the time and trouble to answer my query.
All of this process of applying for PIP, ESA, etc., is so degrading. All of your life you have earned your money, paid your taxes, and not been dependent on the State, and then when your life and health situation deteriorates in elderly age, you find yourself literally begging from the Government for financial assistance. To add insult to injury, the people dealing with you just do not seem to care, and seem just bent on making your request for financial help as difficult as they possibly can. It’s a very sad situation.
Anyhow, we will take your advice and prepare for an appeal. Someone said that it is possible to request a second MR if you don’t agree with the first. What is your advice? Kind regards, LH
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- Catherine
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2 years 5 months ago #265515 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic New Style ESA
Hello Mrs H,
To the best of my knowledge it is not possible to have more than one MR, although I suppose if you were to suddenly come across some new and amazingly conclusive evidence you could always ask.
However, what I suspect you are referring to is part of the appeals process. After you have submitted your papers to the Courts and Tribunal service they send copies of everything to the DWP. Sometimes at this stage the DWP will offer you a revised award.
With reference to the MR request you have submitted, prior to them making a decision, you can always submit additional information if you so wish. But as has been said on this forum many times there is no one way to write a MR request. You are clearly very able to present your case so I would expect your submission to be fine.
Hoping you will not need to go down the appeals route!
Catherine
To the best of my knowledge it is not possible to have more than one MR, although I suppose if you were to suddenly come across some new and amazingly conclusive evidence you could always ask.
However, what I suspect you are referring to is part of the appeals process. After you have submitted your papers to the Courts and Tribunal service they send copies of everything to the DWP. Sometimes at this stage the DWP will offer you a revised award.
With reference to the MR request you have submitted, prior to them making a decision, you can always submit additional information if you so wish. But as has been said on this forum many times there is no one way to write a MR request. You are clearly very able to present your case so I would expect your submission to be fine.
Hoping you will not need to go down the appeals route!
Catherine
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2 years 5 months ago #265540 by Mrs H
Replied by Mrs H on topic New Style ESA
Many thanks for your quick reply. It is much appreciated.
At this time, both my husband and I are absolutely weary of the PIP and ESA processes. It was the same when I came out of my HNS employment as an HCA, and I could have appealed against the Trust’s decision to dismiss me on health grounds. Both my husband and I were weary and just did not have the energy or strength to mount an appeal.
Maybe the idea of the DWP’s rejection of application decisions, is to throw them out, and to gradually wear you down until you give up and just go away? They have time on their hands, lots of resources, and are bent on only allowing a claim when they really have to. It’s all very uncaring and unsympathetic. They are supposed to be helping the sick and vulnerable, but in reality, they are doing just the opposite.
Anyhow, we will try and persist without PIP and ESA claims. But at this time we can’t say whether or not we will be able to sustain this long term. Hope so.
At this time, both my husband and I are absolutely weary of the PIP and ESA processes. It was the same when I came out of my HNS employment as an HCA, and I could have appealed against the Trust’s decision to dismiss me on health grounds. Both my husband and I were weary and just did not have the energy or strength to mount an appeal.
Maybe the idea of the DWP’s rejection of application decisions, is to throw them out, and to gradually wear you down until you give up and just go away? They have time on their hands, lots of resources, and are bent on only allowing a claim when they really have to. It’s all very uncaring and unsympathetic. They are supposed to be helping the sick and vulnerable, but in reality, they are doing just the opposite.
Anyhow, we will try and persist without PIP and ESA claims. But at this time we can’t say whether or not we will be able to sustain this long term. Hope so.
The following user(s) said Thank You: denby
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- Gary
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2 years 5 months ago #265568 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic New Style ESA
Hi Mrs H
You need to keep up your strength and stay the course, I have known cases to go on for over two years and at the end have been very successful.
Like Catherine, I have yet to come across a claimant who has had two MR's.
I was helping a claimant a few years ago, zero points at a WCA, zero points at a MR, went to a tribunal who awarded 63 points and 3 support group descriptors, you only need one to be awarded the support group. The award was backdated 18 months along with relevant premiums. So a win win but it did take quite a bit of time.
The same happened for her PIP but we had the ESA decision which we sent to the DWP and the claimant was awarded enhanced for both components at the MR stage, so don't give up.
DWP does at times, move in mysterious ways, sometimes for the better.
If you need a pick up raise a question on the forum where you will receive support from fellow members.
Gary
You need to keep up your strength and stay the course, I have known cases to go on for over two years and at the end have been very successful.
Like Catherine, I have yet to come across a claimant who has had two MR's.
I was helping a claimant a few years ago, zero points at a WCA, zero points at a MR, went to a tribunal who awarded 63 points and 3 support group descriptors, you only need one to be awarded the support group. The award was backdated 18 months along with relevant premiums. So a win win but it did take quite a bit of time.
The same happened for her PIP but we had the ESA decision which we sent to the DWP and the claimant was awarded enhanced for both components at the MR stage, so don't give up.
DWP does at times, move in mysterious ways, sometimes for the better.
If you need a pick up raise a question on the forum where you will receive support from fellow members.
Gary
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