ESA, mandatory consideration

[Good_Credit]

Hi Guys,

 

 

Just got a letter stating that I failed my ESA medical and now have to wait for a call before I can appeal under mandatory consideration. I have been told it can be up to 14 days before I can appeal for the tribunal stage. I just had a few questions -

 

 

1. I was just wondering if it is worth claiming JSA in the mean time?

2. How long do the DWP usually take before getting back to you?

3. Do they backdate any payments if you decide to go to tribunal appeal?

 

 

Any help/advice would be much appreciated.

 

 

Thanks,

[rebel11]

Hi Good_Credit

 

Regarding the 'mandatory consideration'. When you get the phone call, tell them that you want to send in further information in support of 'mandatory consideration', i.e. doctors report, consultants report, etc.

 

Don't get into a conversation over the phone regarding your ESA claim.

 

A template is available that you can amend. Send it to them Recorded Delivery. Spend some time on it so you don't miss anything.

 

Employment and Support Allowance appeals guide [ 150 KB

 

The guys will respond to your questions.

[Belfaster]

Hi Guys,

 

 

Just got a letter stating that I failed my ESA medical and now have to wait for a call before I can appeal under mandatory consideration. I have been told it can be up to 14 days before I can appeal for the tribunal stage. I just had a few questions -

 

 

1. I was just wondering if it is worth claiming JSA in the mean time?

2. How long do the DWP usually take before getting back to you?

3. Do they backdate any payments if you decide to go to tribunal appeal?

 

 

Any help/advice would be much appreciated.

 

 

Thanks,

 

1. Claiming JSA means you are fit and able and available for work. Are you?

 

2.Up to a month, according to their website.

 

3.All payments will be backdated if your appeal is successful.

[rebel11]

Thanks Belfaster.

 

1. Claiming JSA means you are fit and able and available for work. Are you?

 

2.Up to a month, according to their website.

 

3.All payments will be backdated if your appeal is successful.

[Good_Credit]

Thanks for the reply guys.

 

 

If my appeal is not successful do they start paying me once I go for the tribunal?

[antone]

Thanks for the reply guys.

 

 

If my appeal is not successful do they start paying me once I go for the tribunal?

 

There are two stages - reconsideration and appeal. The recon is done by the DWP, the appeal by the tribunal.

 

You won't get ESA while waiting for the recon - this will take a few weeks. If the recon goes against you, you can appeal to the tribunal, at which point your ESA will restart and will continue (provided you supply med certs) until the tribunal reaches a decision.

[THNX4THT]

There are two stages - reconsideration and appeal. The recon is done by the DWP, the appeal by the tribunal.

 

You won't get ESA while waiting for the recon - this will take a few weeks. If the recon goes against you, you can appeal to the tribunal, at which point your ESA will restart and will continue (provided you supply med certs) until the tribunal reaches a decision.

 

Is that the same for Incapacity? (baring in mind ESA is supposed to be replacing Incapacity, as far as I know). My partner has recently failed his assessment, he has been told to claim JSA and if he wants to appeal he wont be entitled to any money, until he has either won or lost his appeal, both recon by DWP and/or tribunal. In order to live, he didn't feel he had much choice but to claim JSA

[estellyn]

Is that the same for Incapacity? (baring in mind ESA is supposed to be replacing Incapacity, as far as I know). My partner has recently failed his assessment, he has been told to claim JSA and if he wants to appeal he wont be entitled to any money, until he has either won or lost his appeal, both recon by DWP and/or tribunal. In order to live, he didn't feel he had much choice but to claim JSA

 

 

No, with incapacity there are no payments while appealing unless the person either claims JSA or applies for and qualifies for reduced rate income support.

 

 

ESA rules mean the person gets assessment rate while appealing a fit for work decision. The new rule about mandatory reconsiderations means that instead of just being able to immediately make an appeal once the decision is received with a reconsideration done as part of the appeal, instead, their is an additional separate 'mandatory reconsideration' that must be completed before an appeal can be made. No payment is made until an appeal request has been processed. Once the appeal is processed, assessment rate ESA commences until the appeal decision is processed. (providing med certs continue)

[THNX4THT]

No, with incapacity there are no payments while appealing unless the person either claims JSA or applies for and qualifies for reduced rate income support.

 

 

ESA rules mean the person gets assessment rate while appealing a fit for work decision. The new rule about mandatory reconsiderations means that instead of just being able to immediately make an appeal once the decision is received with a reconsideration done as part of the appeal, instead, their is an additional separate 'mandatory reconsideration' that must be completed before an appeal can be made. No payment is made until an appeal request has been processed. Once the appeal is processed, assessment rate ESA commences until the appeal decision is processed. (providing med certs continue)

 

Thanks for the info, I'll let my partner know. One question, what are people supposed to live on whilst waiting for mandatory reconsideration, until the appeal request has been processed?

[antone]

Thanks for the info, I'll let my partner know. One question, what are people supposed to live on whilst waiting for mandatory reconsideration, until the appeal request has been processed?

 

There's no answer to that question - it's not something the government apparently thinks is all that important.

 

The whole system of Mandatory Reconsideration was quite obviously designed to discourage appeals, presumably because too many of them were successful.