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ESA Mandatory Reconsideration Notice sent early
- Gordon
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layla28 wrote: Thank you for your reply. This feels like a never-ending nightmare which has been ongoing ever since notification of my re-assessment arrived in the post in January 2017. From your previous advice, my understanding is that retrospective evidence cannot be taken into account for appeal purposes, but in the ESA50 which I have recently been sent for completion, I can make it clear that my condition has deteriorated since the decision notified to me on 9/11/17?
Yes, you can refer to your current problems in the ESA50.
Gordon
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- layla28
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- Gordon
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It's not a battle worth undertaking in my opinion.
The ESA legislation allows no extension to the four weeks given to complete the ESA50. The Assessment Provider has no authority to change the date even if it was allowed and if you contact the DWP you are arguing about a few days when you could be completing the form.
Gordon
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- layla28
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- layla28
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I would be grateful for your opinion on this please - if I do get help to complete and return ESA50, do I need to make sure I state this on the questionnaire?layla28 wrote: The DWP previously accepted as good cause the reasons I gave for being unable to complete ESA50 questionnaire - owing to my state of health - I feel this showed evidence of the DWP's acceptance of my limitations, and I used this as an example in my mandatory reconsideration request regarding activity 13, initiating and completing personal action (I attached a copy of my mandatory reconsideration letter with my SSCS1 grounds for appeal). I will need help to complete ESA50 and I will also ask my GP to write a letter to attach to the questionnaire - from my nightmare experience of DWP during my re-assessment, I would not be surprised if they try to make it count against me if I do complete and return ESA50.
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- Gordon
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Yes, you need to explain how you have completed the ESA50 when you return it.
Gordon
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