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TOPIC: ESA Mandatory Reconsideration

ESA Mandatory Reconsideration 11 months 3 weeks ago #231675


I've heard today that my decision has been changed & have been put back into the Support Group!
I am shocked, as only rang to check if my Mandatory Reconsideration was on their system. I will be sent a letter, stating this changed decision & will receive a backdated payment. My award is for 36 months (my previous WRAG award was 18 months).

I got such great help from the guides & the WCA handbook... took lots of notes & also made use of google (reading previous tribunal judgements in cases that were relevant to my circumstances)
I had a very good doctor's letter & my MP's support.
I also requested documents from my previous esa claims, as needed to see how I'd qualified for the Support Group for 10+ years (I fully expected having to appeal).

Thanks Gordon, and everyone here who give us their time & advice, in stressful times.
Gordon, when I receive my new decision letter, is their a specific form I can request, that will state the reason for the new decision? (whether it was a Support Group descriptor or Regulation 35)..as this will be very useful for me to know.

Thanks :)

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ESA Mandatory Reconsideration 11 months 3 weeks ago #231701


Really pleased for you, well done.


The following user(s) said Thank You: LucyPosy68

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA Mandatory Reconsideration 11 months 3 weeks ago #231800

I just wanted to add... I rang today & found out how I now qualified for the Support Group...
They used Regulation 35.

Anyone who is not happy with their ESA decision, please challenge it with a Mandatory Reconsideration....
Use the guides... Send whatever evidence you feel supports your challenge (I resent evidence that I'd initially sent with my original form)... A good supportive letter from your doctor (though I realise this is getting harder, as some surgeries are refusing or the letters are very expensive).

Contact your MP for support.
Letter from family/friends who can give personal insight into your difficulties (and relating to certain descriptors or Regulations 29 or 35)

Challenge comments from the assessor's report (I probably addressed comments that could have been left out, but felt I needed to explain in detail, otherwise the assessor gave the wrong impression of my difficulties. (I ended up doing 20 typed & printed pages - going over the descriptor points I felt should have been awarded, challenging assessor's comments & stating why (in my opinion) I qualified under Regulation 35)

Good luck to everyone who is doing a Mandatory Reconsideration or an appeal. Decisions can be changed xx :)

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