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ESA home visit gone wrong
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10 years 4 months ago - 10 years 4 months ago #114299 by buxbunny
ESA home visit gone wrong was created by buxbunny
Before I begin thank you for site and guides as it has been tremendous help and was helpful getting my DLA changed from lrc to hrm and mrc.
Unfortunately I have had not had same luck with ESA. After a lot hassle with them misplacing my e50 questionnaire i eventually got a home visit 9 months+ after they found it only to be awarded 0 points.
I got help writing a letter for the mandatory reconsideration only 4 weeks down the line to be told they haven't received anything.
I don't really understand mandatory reconsideration and i didn't find any pdf guides on it but believe due it just starting but i was told by advisor that i could not directly address the statements made by healthcare professional although some of her reasoning doesn't make sense.
Instead i can only show where i can gain points from but this was sent with the original information i sent backed up by doctor report (although very brief) DLA change and home visit approval.
I'm unsure what's best way to tackle this without going through stress could potentially leave me bed bound. Also with decisions I've lost main source income for my family which is especially harder for kids during this holiday season.
Unfortunately I have had not had same luck with ESA. After a lot hassle with them misplacing my e50 questionnaire i eventually got a home visit 9 months+ after they found it only to be awarded 0 points.
I got help writing a letter for the mandatory reconsideration only 4 weeks down the line to be told they haven't received anything.
I don't really understand mandatory reconsideration and i didn't find any pdf guides on it but believe due it just starting but i was told by advisor that i could not directly address the statements made by healthcare professional although some of her reasoning doesn't make sense.
Instead i can only show where i can gain points from but this was sent with the original information i sent backed up by doctor report (although very brief) DLA change and home visit approval.
I'm unsure what's best way to tackle this without going through stress could potentially leave me bed bound. Also with decisions I've lost main source income for my family which is especially harder for kids during this holiday season.
Last edit: 10 years 4 months ago by Gordon.
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10 years 4 months ago #114304 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA home visit gone wrong
Paul
You only need to do a Mandatory Reconsideration if the Decision on your claim was made on or after 28 October and you were informed that you needed to do an MR.
If your Decision was before the 28th or it was after the 28th abut you were not informed about an MR then you can go straight to appeal, otherwise you will need to request an MR.
There is an updated guide to Mandatory Reconsiderations and Appeals in the Members Only area.
www.benefitsandwork.co.uk/help-for-claimants/esa
I am concerned that your advisor has said that you cannot challenge any of the comments in the medical report, this is not the case, however, you will only win any challenge to the Decision by showing that you meet the criteria for the ESA WRAG or Support Group, so you should prioritise this over documenting any problems in the report, but not ignore it.
Have a look at the following
Mandatory Reconsideration FAQs
Appeal FAQs
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
Gordon
You only need to do a Mandatory Reconsideration if the Decision on your claim was made on or after 28 October and you were informed that you needed to do an MR.
If your Decision was before the 28th or it was after the 28th abut you were not informed about an MR then you can go straight to appeal, otherwise you will need to request an MR.
There is an updated guide to Mandatory Reconsiderations and Appeals in the Members Only area.
www.benefitsandwork.co.uk/help-for-claimants/esa
I am concerned that your advisor has said that you cannot challenge any of the comments in the medical report, this is not the case, however, you will only win any challenge to the Decision by showing that you meet the criteria for the ESA WRAG or Support Group, so you should prioritise this over documenting any problems in the report, but not ignore it.
Have a look at the following
Mandatory Reconsideration FAQs
Appeal FAQs
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
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 4 months ago - 10 years 4 months ago #114306 by buxbunny
Replied by buxbunny on topic ESA home visit gone wrong
Unfortunately i feel they purposely procrastinated as my decision was made on the 28th of october so i have no choice but to do a mandatory reconsideration
Yes that also concerned me not being able to challenge the report but is it better to make a note of these and explain them during phone interview or send a separate letter with my concerns.
The fact they completely ignored all previous evidence doesn't give me much hope that decision will be in my favour. I'm also in process looking new gp as my previous one passed and i think need to get acquainted with them before i start requesting letters and reports.
Thank you for links i'm trying to make my way through them best i can.
Yes that also concerned me not being able to challenge the report but is it better to make a note of these and explain them during phone interview or send a separate letter with my concerns.
The fact they completely ignored all previous evidence doesn't give me much hope that decision will be in my favour. I'm also in process looking new gp as my previous one passed and i think need to get acquainted with them before i start requesting letters and reports.
Thank you for links i'm trying to make my way through them best i can.
Last edit: 10 years 4 months ago by Gordon.
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10 years 4 months ago #114309 by Gordon
Does your Decision Letter say that you are required to make a Mandatory Reconsideration?
The Decision Maker will only phone the claimant during the MR if they have already reached a decision that they cannot revise the Decision in the claimants favour, at this point they are only looking to make sure that they have not made a fundamental error in their evaluation of the claim. So there is every reason to present any anomalies in the medical report, in writing, before this; as it gives you the opportunity to cross-reference these to your own medical evidence to explain why they are inconsistent.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA home visit gone wrong
paul wrote: Unfortunately i feel they purposely procrastinated as my decision was made on the 28th of october so i have no choice but to do a mandatory reconsideration
Yes that also concerned me not being able to challenge the report but is it better to make a note of these and explain them during phone interview or send a separate letter with my concerns.
The fact they completely ignored all previous evidence doesn't give me much hope that decision will be in my favour. I'm also in process looking new gp as my previous one passed and i think need to get acquainted with them before i start requesting letters and reports.
Thank you for links i'm trying to make my way through them best i can.
Does your Decision Letter say that you are required to make a Mandatory Reconsideration?
The Decision Maker will only phone the claimant during the MR if they have already reached a decision that they cannot revise the Decision in the claimants favour, at this point they are only looking to make sure that they have not made a fundamental error in their evaluation of the claim. So there is every reason to present any anomalies in the medical report, in writing, before this; as it gives you the opportunity to cross-reference these to your own medical evidence to explain why they are inconsistent.
Gordon
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10 years 4 months ago #114350 by buxbunny
Replied by buxbunny on topic ESA home visit gone wrong
Yes the decision letter says I'm required to make a mandatory reconsideration also received a phone call to say they are going to deal with my reconsideration over the phone tomorrow .
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10 years 4 months ago #114351 by Gordon
Good luck.
Even if you do not have problems using the phone, it would be a good idea to make a list of the things you want to say as it is easy to forget an important point during the call.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA home visit gone wrong
paul wrote: Yes the decision letter says I'm required to make a mandatory reconsideration also received a phone call to say they are going to deal with my reconsideration over the phone tomorrow .
Good luck.
Even if you do not have problems using the phone, it would be a good idea to make a list of the things you want to say as it is easy to forget an important point during the call.
Gordon
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