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After WCA Medical ESA removed

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6 years 10 months ago #190098 by Mutley
After WCA Medical ESA removed was created by Mutley
I was on the work component of the ESA until 22/05/17, at which time I received a phone call from someone at the DWP.

At the start of the conversation the woman told me it was to assess me and come to a decision on whether or not I should receive ESA or not, but within a sentence she announced that my ESA was to be terminated forthwith.

I asked her to send me a copy of the report, and today I received the letter.

I have never read so much BS in all my life. Apparently I received 0 points for everything, despite having used the ESA claims help extensively, from benefits and work, and just like others I am amazed at what the report says.

I cannot walk very far, but because I don't use a stick indoors, holding on to furniture to mobilise, they put that as 0 points as I was clearly mobile. My condition is variable, to which she stated categorically that the ESA ignores anything that is variable and if they can do it once then that is enough for 0 points on the assessment. She then stated I can do things that I cannot do and generally obfuscates any problems in a way to show I can do something that, in reality. is possible, but not without pain and discomfort and takes a long time.
In fact I can quite clearly see she had read the previous WCA medical and included comments that made it look as if they had happened in the most recent medical.

I do believe the newest WCA interviews are a sham designed to save this Government money. In 9 months time I receive pension credit and before the end of next year I will be retired.

I do have a few questions about disclosure to prospective employers.

Since I am a danger to myself and to others, due to my movement restrictions am I required by law to notify any prospective employer of this ?

It would stand to reason that if a fire or other emergency where the building needs to be cleared quickly, I would not be able to move to an exit with the speed and agility of any normal person and as such could place someone else at risk. I did state this on the phone to the woman from the DWP, and she just said that would be the employers problem not hers.

I will of course be applying for a mandatory reconsideration, and I have read on the site that they take their own sweet time in answering. Given that in the past there has been a precedent set for a time limit in which they have to respond, has there ever been a ruling in law of what a reasonable time to respond to something, or does the law take no notice, or more likely shy away from anything that is DWP related ?

Again I would imagine that the courts have some sort of time frame they would call reasonable, or the whole system could be abused, by any private company.

Does the appeal courts, seeing as the DWP have now has no direct dealings with them, have a time frame before an appeal can be lodged, and if not why not ? Again this leads to abuse on the part of the DWP and could hardly be lawful, or is it ?

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6 years 10 months ago #190117 by fadge
Replied by fadge on topic After WCA Medical ESA removed
"Since I am a danger to myself and to others,"

See this www.benefitsandwork.co.uk/news/2955-regu...to-esa-support-group

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6 years 10 months ago #190118 by Gordon
Replied by Gordon on topic After WCA Medical ESA removed
Mutley

I'm afraid there is no required time for the DWP to process a Mandatory Reconsideration although they are under a general obligation to process it as quickly as reasonably possibly. Typical timescales are 5-8 weeks but they do occasionally go to 8-12 weeks.

If the MR does not revise the Decision, then you have the option of appealing to the Tribunal Service, you have one month from the date on the MR Notice letter to do this, although a Late appeal can be requested up to 13 months after the date of the Decision.

Gordon

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

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6 years 10 months ago #190126 by Gordon
Replied by Gordon on topic After WCA Medical ESA removed

fadge wrote: "Since I am a danger to myself and to others,"

See this www.benefitsandwork.co.uk/news/2955-regu...to-esa-support-group


There have been changes to the DWP guidance on Substantial Risk since this article was published, see the ESA Claim guide to Mental Health issues for more information.

Gordon

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

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