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TOPIC: ESA Mandatory Reconsideration and Appeal

ESA Mandatory Reconsideration and Appeal 1 week 4 days ago #237019

Hello,
I am in receipt of PIP standard rate for both elements of it.
I was on ESA WRAG and I filled the ESA50 questionnaire form same as last year as my conditions haven’t changed.
After the Assessment, I have been given 0 points for both Physical and Mental elements and taken out of ESA. I would like to ask few questions please:
1- HCP confirmed in the decision letter that I walked 15 meters to the assessment room with crutches. He asked during assessment that if I can walk 50 meters with crutches, which was same as last year and I said yes. Why it’s been stated on the decision letter that I can walk 200 meters? That was never mentioned during the assessment.
2- I am going to ask for Mandatory Reconsideration. But I am just confused about what will happen to my Housing Benefit during both MR and Appeal processes. If I apply to Universal Credit what is the point to ask for MR and Appeal.
3- Do you advice to contact GP and ask for kind of support letter for MR?

Walking distance is not the only thing I am disagree in the decision letter, there are few others too.

Thanks

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ESA Mandatory Reconsideration and Appeal 1 week 4 days ago #237025

estergon

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

1. In case you are not award, ESA is not a walking test, it is a Mobility test! In addition to your walking, it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted unless you can also show that you cannot self-propel the wheelchair you will still not score points.

So it sounds like they are saying that you could mobilise 200m using a wheelchair.

2. ESA is not payable during the MR process but you can claim Housing Benefit on the basis of Nil Income, if you go onto appeal then you can ask to be paid the ESA Assessment rate while you wait for a hearing, this would enable you to claim HB as normal.

If you need the money during the MR, this can take 5-8 weeks on average, then you have two options depending on whether your ESA includes a payment because you are "severely disabled";

- If it does then you are barred from claiming UC nut you could make a claim for JSA and once it is payment present a Fit Note which should excuse you from any Claimant Commitment for 13 weeks.

- If it does not then you would have to claim UC but if you do so then you cannot return to ESA even if the Decision is revised.

As this would be a new claim for UC you will be considered as being Fit for Work, once your claim is accepted you can present a Fit Note, this will start the process for you to be assessed for Limited Capability for Work, the process and criteria is exactly the same as for ESA.

Whether you should request an MR against your ESA Decision having claimed UC is up to you, one thing to consider is the rate of ESA that you were receiving under ESA, if this included the WRAG component then it may be worth doing to try and get and back payment that would be owed but if not and you have no expectation of being placed in the SG then it may not be worth it as you will receive the same money under UC.

Whatever you do, being assessed for LCW under UC will result in a new Decision that will supersede any revised ESA Decision.

3. Yes, it is a good idea to see whether your GP will provide you with any support

Gordon
The following user(s) said Thank You: estergon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.
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Moderators: GordonGaryBIS