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- failed Atos Medical (2),ESA stopped..advice
failed Atos Medical (2),ESA stopped..advice
- Alex
- Topic Author
my ESA is already stopped.
I'm aware of changes regarding new mandatory reconsideration and read all the articles on this website,and I want to request reconsideration asap.
in the articles published on this website it is mentioned that the mandatory reconsideration should be specifically mentioned in the decision letter? however my decision letter does not specifically mention "mandatory reconsideration",it juste says at the end :
"if you want us to look again at this decision.contact us straight away.our phone number and address are at the top of this letter"
so is this the same mandatory reconsideration process??
I want to apply by post,what should I write in the letter exactly? just a request for reconsideration without any specific reason?
also I read in the news section that they are aiming to respond to mandatory reconsiderations within 2 weeks,is this confined by any clients yet? I ask because although I have no other source of income,due my health condition I am unable to cope with the stress and responsibilities on JSA,if it's just 2 weeks I prefer to wait rather claiming JSA,and I've heard JSA payments takes at least 2-3 weeks to start anyway..I want to get back on Assessment rate of ESA asap.
my other concern is about housing benefit,does stopping my ESA automatically stops my housing benefits as well? what will happen to my housing benefit while I'm waiting for reconsideration?
the decision letter is dated sometime in last week,however it was received just today which means my ESA payments are already stopped since 7 days ago..
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- Gordon
- Offline
If the Decision Letter does not specifically require you to follow the Mandatory Reconsideration process then you can lodge an appeal immediately and should be paid the ESA Assessment rate from when your WRAG payments were stopped.
Please be aware that you also need to provide a Fit Note signed by your GP, so you will need to see them about this.
The DWP will have notified your Local Authority that your ESA was stopping and they will have also suspended your payments, so you need to contact them and explain that you are appealing, this should result in your HB being put back into payment.
As regards the appeal.
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 WRAG
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any questions on the above, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alex
- Topic Author
however the assessment was done in November (after 28 oOctober the date when mandatory assessment went live) isn't this strange?
I ask because I'm concerned if I try to appeal,they might return my appeal because there is no review by the DWP done,and by then it might be late for (possible) reconsideration request?
is there any way I can be sure that I do not need to go through mandatory reconsideration and can directly appeal?
do you recommend calling the number and enquire about it?
it's very confussing
also regarding housing benefit suspension, will they accept to re-start my housing benefit from the date ESA was stopped if I appeal today/tomorrow? because letter is dated 6-7 days ago.
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- Gordon
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- Posts: 51158
The requirement is that the Decision was made on or after 28 October 2013 and that the DWP notify the claimant that an MR is required. If you have not been notified about an MR then you can go straight to appeal.
Even if they change their minds, and I would challenge this if they do, your GL24 should be taken as a request for a MR, so there should be no need to worry as long as the GL24 is returned within the one month allowed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alex
- Topic Author
just to clarify,I have not received any GL24 with the decision letter.
the decision letter form has ESA 65 01/12 printed underneath and the letter is somehow different than my old decision letter of 18 months ago.
this one has decision a summary of makers reason for decision written at the back of the page.
so I should download the GL24,fill it according to the guide (similar to what i did with my initial appeal 18 months ago,since my condition remains the same),and send it directly to the tribunal?
and send a fit note & a letter stating that I've lodged an appeal to the DWP address on decision letter?
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Alex wrote: ok I'm going to fill in the appeal form now..
just to clarify,I have not received any GL24 with the decision letter.
the decision letter form has ESA 65 01/12 printed underneath and the letter is somehow different than my old decision letter of 18 months ago.
this one has decision a summary of makers reason for decision written at the back of the page.
so I should download the GL24,fill it according to the guide (similar to what i did with my initial appeal 18 months ago,since my condition remains the same),and send it directly to the tribunal?
and send a fit note & a letter stating that I've lodged an appeal to the DWP address on decision letter?
Hi A,
You don't generally receive a GL24 form with a decision notice letter, so yes, download one, which can be done from the link on this page :
How to submit an appeal
Then fill it in and return it to The DWP, within one month of the date of the decision notice letter.
You should send your new fit note with the GL24, keeping copies of both.
Sending Documents to the DWP or ATOS
The decision notice will be different to the last time, as you were placed into The WRAG then, you don't receive a score sheet (ESA65) with a WRAG decision, only a fit for work decision.
bro58
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