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HELP
- derek
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10 years 5 months ago - 10 years 5 months ago #113636 by derek
HELP was created by derek
Hi all
hoping you can help, back in January I was put in esa wrag, 6 mouths later I had another assessment. This was down to my doctor asking dwp to wait for cardiology lvo study, which was not good. So sent off this evidence along with letters, with the second assessment. then I got a letter on the 28 th October saying we cannot pay you esa from February.
I rang dwp and was told it was a decision letter, you got to ask for a reconsideration. This I did and was told im bit late but she would look at it again, I then received another phone call asking had my condition got worse than before. I said it had, he then said I could send him more information and he might be able to give me a decision before my atos one comes back. So I rang atos and yes it was still there.
So my question is do I send off for a late appeal and send dm my new info before atos sends back my 6 mouth assessment?
And if I wait can I ask for a new reconsideration and appeal on second assessment.
I hope you can help.
hoping you can help, back in January I was put in esa wrag, 6 mouths later I had another assessment. This was down to my doctor asking dwp to wait for cardiology lvo study, which was not good. So sent off this evidence along with letters, with the second assessment. then I got a letter on the 28 th October saying we cannot pay you esa from February.
I rang dwp and was told it was a decision letter, you got to ask for a reconsideration. This I did and was told im bit late but she would look at it again, I then received another phone call asking had my condition got worse than before. I said it had, he then said I could send him more information and he might be able to give me a decision before my atos one comes back. So I rang atos and yes it was still there.
So my question is do I send off for a late appeal and send dm my new info before atos sends back my 6 mouth assessment?
And if I wait can I ask for a new reconsideration and appeal on second assessment.
I hope you can help.
Last edit: 10 years 5 months ago by Gordon.
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10 years 5 months ago #113649 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic HELP
Derek
Can I just clarify the dates.
You made a new claim for ESA or were transferred from another benefit in January 2013.
I am guessing that you currently receive Contribution Based ESA so you payments will be stopped in February 2014.
You say you were re-assessed in July, have you had a Decision on this yet?
You can lodge an appeal against the January Decision, however, any appeal can only consider your health as it was at the time of that Decision, any deterioration that has occurred since is excluded from consideration.
If you have had a Decision on the July assessment and it was before 28 October, then this Decision can also be appealed, however, if it was on or after the 28th and you have been notified that a Mandatory Reconsideration is required, then you must request this first, and only when it has been completed will you be able to make an appeal. If it was after the 28th and you were not notified of an MR, then you can appeal.
To lodge an appeal, first have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
To request a Mandatory Reconsideration, have a look at our Appeals and Mandatory Reconsiderations guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the FAQs posted above.
Gordon
Can I just clarify the dates.
You made a new claim for ESA or were transferred from another benefit in January 2013.
I am guessing that you currently receive Contribution Based ESA so you payments will be stopped in February 2014.
You say you were re-assessed in July, have you had a Decision on this yet?
You can lodge an appeal against the January Decision, however, any appeal can only consider your health as it was at the time of that Decision, any deterioration that has occurred since is excluded from consideration.
If you have had a Decision on the July assessment and it was before 28 October, then this Decision can also be appealed, however, if it was on or after the 28th and you have been notified that a Mandatory Reconsideration is required, then you must request this first, and only when it has been completed will you be able to make an appeal. If it was after the 28th and you were not notified of an MR, then you can appeal.
To lodge an appeal, first have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
To request a Mandatory Reconsideration, have a look at our Appeals and Mandatory Reconsiderations guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the FAQs posted above.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 5 months ago - 10 years 5 months ago #113695 by derek
Replied by derek on topic HELP
Hi Gordon
Thanks for your reply, It was ib to esa cb 365 days. No I have not had a decision on the july assessment, this is where I got confused. I thought it was the july one, that I was asking for a reconsider.
this is where confusion has happed, the dm said has your condition change, which it has, he said to send him evidence, before my atos report. I don't know what to do. ?
just to clarify I can still ask for a reconsider and appeal on my july assessment.
Thanks for your reply, It was ib to esa cb 365 days. No I have not had a decision on the july assessment, this is where I got confused. I thought it was the july one, that I was asking for a reconsider.
this is where confusion has happed, the dm said has your condition change, which it has, he said to send him evidence, before my atos report. I don't know what to do. ?
just to clarify I can still ask for a reconsider and appeal on my july assessment.
Last edit: 10 years 5 months ago by Gordon.
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10 years 5 months ago #113705 by Gordon
Yes, you can challenge any new Decision that is made.
Whilst your appeal against the January Decision cannot consider your deteriorated condition, as no Decision has been made on your July assessment you can continue to submit evidence to the DWP in the hope of getting a correct Decision now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic HELP
derek wrote: Hi Gordon
Thanks for your reply, It was ib to esa cb 365 days. No I have not had a decision on the july assessment, this is where I got confused. I thought it was the july one, that I was asking for a reconsider.
this is where confusion has happed, the dm said has your condition change, which it has, he said to send him evidence, before my atos report. I don't know what to do. ?
just to clarify I can still ask for a reconsider and appeal on my july assessment.
Yes, you can challenge any new Decision that is made.
Whilst your appeal against the January Decision cannot consider your deteriorated condition, as no Decision has been made on your July assessment you can continue to submit evidence to the DWP in the hope of getting a correct Decision now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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