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TOPIC: ESA MR Decision

ESA MR Decision 1 week 2 days ago #237059

Hi,
After 3 months of delay and then having my Mandatory Reconsideration escalated, I received a callback from the Plymouth Office (05/09/19) informing me that I will placed back in the Support Group due to a discrepancy in the ESA85 report regarding substantial risk. I was told I will be getting
backdated payment and that I will be in the support group only in the interim period till they request the rework of the medical report and come to a new decision. Their
reasoning for this decision was that the discrepancy was down to the computer
system they use to produce the report and that HCP had missed a page.
My understanding is that decision maker can request the rework of a report if it wasn’t fit for purpose before a WCA decision is made. As my ESA85 report was checked and passed fit for purpose for the DWP to make a decision, why have they chosen to do so now during mandatory reconsideration? My question is whether this is lawful?
I have concerns about reworking of my report, especially whether the DWP could
influence the decision. They could give prior knowledge of the discrepancy found in my ESA85 report, which the assessor could use to their advantage and erase the
discrepancy in order for the reworked report
to match the outcome of the original WCA
decision (08/04/19) and not the mandatory
reconsideration decision made on 05/09/19.
I would appreciate any advice in regards to this matter?
I don’t know whether I should wait until the reworked ESA85 report and new decision is made to bring this up with the DWP?
I just feel the DWP are using underhand tactics to delay this even further, when it clearly shows they got the original WCA decision wrong and should be awarding me the support group fully and not during a interim period.
Thanks.

F1uffyAy1a

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ESA MR Decision 1 week 1 day ago #237078

F1uffyAyla

It depends on the detail of what they are doing.

If they have removed the Decision that I presume found you Fit for Work or at least removed you from the SG and reinstated your previous award then they can still make a Decision based on your recent assessment.

However, if this new Decision is based on that assessment then they cannot re-make that Decision but they could reassess you once three months have elapsed.

Gordon

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

ESA MR Decision 1 week 1 day ago #237097

Hi Gordon,
I was found to have limited capability for work, which I requested a MR.
The previous SG Award has not been reinstated, they have placed me in the support group based on my current ESA85 report and Assessment through mandatory reconsideration.
I was told the new Decision will be based on my recent assessment after they have requested rework of my ESA85 report.
I did enquire if I would be reassessed again, but was told no.
Any suggestions on how I could proceed next?

Thanks.

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ESA MR Decision 1 week 1 day ago #237109

F1uffyAyla

My view is that they cannot revisit the Decision if it was based on the assessment report, either you qualify for the SG or you do not.

As to how you proceed, at the moment there is nothing for you to do, you are in the SG and unless that changes you don't need to take any action.

Gordon

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