waithing for reconsideration

Hello there

I used one of your template letters to submit a request for a reconsideration on My ESA and DLA appeals, I posted off last week, I included up to date medical evidence on my mental health, and hospital correspondence in on going investigations in to my physical health. ie circulation (cardio vascular)

I was on contribution incapacity benefit that was stopped last July, after the wholly misrepresentative Atos assessment they wanted to put me on to Job seekers but because I am providing medical certificate from my GP they put me on ESA But not at the same rate as I was receiving on IB.

I asked why this was, I was told this was the appeals rate of ESA? is this correct?

the matter was submitted to the tribunal service By the DWP in December 2012, but my Benefit was cut in the jULY 2012 IS this correct procedure ?

I also had an application for DLA pending at the time of the Atos Assessment which I told the assessor.

My application was turned down using the Atos Report for My ESA Benefit ? can they do this without me having a medical for my DLA application?

The DLA appeal was submitted to the tribunal Services in July 2012, ? has the correct procedure been followed here ?

Now that I have submitted a reconsideration request when can I expect to hear back from them? do they have to do this within a specific time limit.

I am in a desperate situation as I cannot pay my rent as a result of my benefit cuts, I am facing possession if My benefits are not sorted out soon

I have found this deeply confusing and stressful.

Hi Balinky,

I am rather confused as you say that you have requested a reconsideration but then you go on to say that you are awaiting appeal? A reconsideration would have been carried out before your case was passed to the Tribunal - hence the delay that you have questioned. You are now in the hands of the Tribunal service, DWP will not carry out a further reconsideration.

Yes, it is correct that you are only paid the ESA assessment rate while you are appealing against the decision to find you fit for work. You will get this on a contributary basis for 365 days, then you will be means tested for income-related benefit if your appeal has not been heard. You should be entitled to income-related ESA if you have no other household income, assets or savings.

Unfortunately, it is not uncommon for DLA awards to be assessed using ESA paperwork. As you know, the criteria for the 2 benefits is very different but it is standard DWP procedure.

There is no time limit for reconsideration, although it sounds as if they have already been carried out in your case as this has been forwarded to the Tribunal Service. You could try contacting the TS to ask when your case might be heard.

It might be worth contacting CAB to see if there are any other benefits that you might be entitled to.

I'M even more confused by your reply because I have not had any letter to inform me that a reconsideration has been carried out at any point in my appeals process. I only found out through this website that I can actually request a reconsideration in writing, I used your Template letter to do this, and found that piece of guidance extremely helpful.

I have a condition called Complex-post traumatic stress disorder, and continued chronic depression so I am faced with real difficulties in dealing with this process, to the point that I am suicidal.

I also have physical disabilities.

I had a phone call today from a processor at the DLA to inform me that they now have my files, as I requested that my case be looked at again, I was told they will look at the further evidence I have sent to them (along with A copy to the Tribunal service, and the ESA as per the information I found on your website )

I was told that it is part of the appeals process to continually look at a case particularly when new supporting evidence has been submitted to them, the decision maker does have the power to overturn a decision prior to and up to the tribunal hearing, and that they have a mandatory duty to do this.

It appears that my case has not been going through the mandatory procedures.

So my purpose in contacting this Forum was to try to understand the appeals process

balinky wrote: I'M even more confused by your reply because I have not had any letter to inform me that a reconsideration has been carried out at any point in my appeals process. I only found out through this website that I can actually request a reconsideration in writing, I used your Template letter to do this, and found that piece of guidance extremely helpful.

I have a condition called Complex-post traumatic stress disorder, and continued chronic depression so I am faced with real difficulties in dealing with this process, to the point that I am suicidal.

I also have physical disabilities.

I had a phone call today from a processor at the DLA to inform me that they now have my files, as I requested that my case be looked at again, I was told they will look at the further evidence I have sent to them (along with A copy to the Tribunal service, and the ESA as per the information I found on your website )

I was told that it is part of the appeals process to continually look at a case particularly when new supporting evidence has been submitted to them, the decision maker does have the power to overturn a decision prior to and up to the tribunal hearing, and that they have a mandatory duty to do this.

It appears that my case has not been going through the mandatory procedures.

So my purpose in contacting this Forum was to try to understand the appeals process

Hi b,

There are two ways of challenging an adverse decision.

The first way is to request a reconsideration, where a DWP DM will review the decision.

If The DM feels that the original adverse decision was wrong, they can change it, and you should then be informed in writing regarding this reviewed decision.

If they don't change the decision in your favour, again you should be informed in writing.

In either of the above the scenarios, you will be given the right to appeal this "reconsidered" decision.

If you wished to appeal, you would then have to do so as a "Separate" action within one month of the date of the decision notice letter.

The second way is to request an appeal in the first instance, (rather than just a reconsideration) when this is done, the decision will be reviewed automatically by another DWP DM.

If you are successful at this stage, you will be informed in writing.

However, if you are unsuccessful at this stage, again you will be informed in writing, but your appeal will then be sent forward to The Appeals Tribunal Service without you having to take any further action.

So option one, "Reconsideration" would involve two seperate actions by you if you wished to appeal.

Option two, "Appeal" only requires the one action by you, as a request for an appeal triggers an automatic reconsideration anyway.

bro58