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ESA - second reconsideration done..


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After a monumental cock up by the DWP,the decision to refuse me ESA has now been allegedly confirmed a second time,but they've sent me none of the paperwork that was sent to me the first time - which makes me suspicious.

 

What documents can I demand from the DWP to show they actually did a 2nd reconsideration?

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I guess nobody else has experienced the mysterious and unicorn-like "second reconsideration" then,which makes me even more suspicious.

I'll have a prod at the DWP about the lack of information and see what happens...

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what was the mess up in the first place with the DWP?

 

have they sent you a letter saying they have reconsidered and the decision stays the same I.E not entitled to ESA?

 

have you had a copy of your medical report from ATOS?

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Their mess up was not taking into account my further information - they thought it'd be ok to pretend they'd not received it even though they'd signed for it.

 

They've not sent me anything about the second reconsideration,apart from a letter confirming that it took place,no statement of reasons and no package of information that would also have been forwarded to the appeal tribunal service - nothing.

 

I'd previously had my medical report etc and they'd found me 6 more points at the first reconsideration than they gave me at the initial decision.

On the phone the DWP robot read out from his screen that none of the further information made any difference to the previous decision,and that they were not under any obligation to put anything in writing.

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the only thing left to do then is to go tribunal id say. id also make them aware of the fact you had sent in proof of further information that was connected to your case and you feel it was not taken into account due to the DWP saying they never received it despite having proof they singed for it.

 

the thing with the DWP is they can argue that you have proof someone got it but then they dont know where it is or it did not reach the decision maker.

 

id appeal and go to the tribunal they will send you everything including there reconsideration papers ready for you to prepare for your day in the tribunal. which will also give you the chance to send in the extra information that they said they did not receive which meant the did not take it into account when reconsidering the initial decision

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  • 1 month later...

I questioned the lack of formal written confirmation that a 2nd reconsideration had been done,and the lack of a written report & package of my further information which should have been sent simultaneously to both myself and the Tribunal Service.

 

I was told that a fresh (third) reconsideration would be done immediately and I'd be notified within the next couple of days of the result.

Couple of days later I was told they'd overturned the decision to disallow my ESA.

 

I'm thinking that they did this because it was looking fairly obvious at this point that the DWP decision makers are crooks,that my appeal was most likely going to be successful,and that a formal complaint was becoming an ever more likely prospect.

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the only thing left to do then is to go tribunal id say. id also make them aware of the fact you had sent in proof of further information that was connected to your case and you feel it was not taken into account due to the DWP saying they never received it despite having proof they singed for it.

 

the thing with the DWP is they can argue that you have proof someone got it but then they dont know where it is or it did not reach the decision maker.

 

Isn't it strange how the DWP have one rule for themselves and another for the claimant.

 

The DWP can simply say that they don't know where the info is, lost, mislaid = who knows even though someone signed for it.

 

Yet when something is sent to the claimant at an address that they haven't lived at for years despite the DWP being aware of the new address can state that the law allows them to send it to 'the last known address' and that constitutes formal delivery and service on the claimant. Whether you actually receive the letter is not important - the DWP posted it!

Then only finding out about the letter 15 months later and you then try to appeal against it!

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I questioned the lack of formal written confirmation that a 2nd reconsideration had been done,and the lack of a written report & package of my further information which should have been sent simultaneously to both myself and the Tribunal Service.

 

I was told that a fresh (third) reconsideration would be done immediately and I'd be notified within the next couple of days of the result.

Couple of days later I was told they'd overturned the decision to disallow my ESA.

 

I'm thinking that they did this because it was looking fairly obvious at this point that the DWP decision makers are crooks,that my appeal was most likely going to be successful,and that a formal complaint was becoming an ever more likely prospect.

 

A complaint sounds like the way to go. Be assured, though, that the DMs are not "crooks" - some are decent people, some less so, but the problem is that the DWP is institutionally inept, not that the individual staff have it in for claimants. At least, not usually.

 

DMs will overturn adverse decisions if they think there's a good chance a Tribunal would find in the claimant's favour. There's nothing nefarious about this, though, it's just common sense. HMCTS is busy enough as it is, and they don't thank DMs for sending pointless appeals. I've seen some very scathing Tribunal findings.

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A complaint sounds like the way to go. Be assured, though, that the DMs are not "crooks" - some are decent people, some less so, but the problem is that the DWP is institutionally inept, not that the individual staff have it in for claimants. At least, not usually.

 

They are human and emotional. From bitter experience I can say for a certainty that some DM's are less than helpful even to the point of being vindictive.

In the past I have come across both the good and the bad, and I must say that the bad really do give the DWP a bad name. I had one who was clearly operating from a personal point of view - very personal. He didn't like the idea that I told him and showed him how useless a DM he was. His decision making was appalling. From that point onwards he was totally unhelpful, obstructive and unprofessional.

I reported him, sending copies of all the correspondence received and a compilation CD of every telephone conversation and received a £50 giro from the DWP for the way I had been treated.

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