ESA appeal

[bongorob]

I was awarded ESA support group in 2014. On November 21st 2016 I was interviewed by a Health Care Professional. This interview was postponed from May 2016 because someone had lost my file. On December 22nd 2016 a decision maker telephoned me to ask questions as the assessor had awarded 0 points and he was puzzled by her report.

 

during the interview he thanked me several times for providing more information and each time said "she didn't put that down."

 

When the interview was over he said that he would award me 15 points and that my benefit would carry on at the same rate until furthur notice.

 

On 24th Janaury I reveived a letter stating that I had been moved to the WRAG group on December 20th 2016.

 

On 25th January I phoned to request a mandatory reconsideration. I was told that someone from DWP would ring back later that day. No one did.

 

On 30th January I wrote asking for a reconsideration and also for copies of the evidence used to make the decision.

 

On 4th February I receieved a letter which said that DWP would not change the decision, including infomation that although they are aware of my previous record of mental health poblems that it was not taken into account because it was my condition on the day of the assessment which matters. They did not include copies of the requested evidence.

 

The letter also said that no new information had been received, I wasn't given the opportunity of providing any.

 

I intend to appeal but the letter does not contain the information as to how to do this despite the original letter to me saying that if a reconsideration did not result in a change, information about an appeal would besent to me.

[bongorob]

I was awarded ESA support group in 2014. On November 21st 2016 I was interviewed by a Health Care Professional. This interview was postponed from May 2016 because someone had lost my file. On December 22nd 2016 a decision maker telephoned me to ask questions as the assessor had awarded 0 points and he was puzzled by her report.

 

during the interview he thanked me several times for providing more information and each time said "she didn't put that down."

 

When the interview was over he said that he would award me 15 points and that my benefit would carry on at the same rate until furthur notice.

 

On 24th Janaury I reveived a letter stating that I had been moved to the WRAG group on December 20th 2016.

 

On 25th January I phoned to request a mandatory reconsideration. I was told that someone from DWP would ring back later that day. No one did.

 

On 30th January I wrote asking for a reconsideration and also for copies of the evidence used to make the decision.

 

On 4th February I receieved a letter which said that DWP would not change the decision, including infomation that although they are aware of my previous record of mental health poblems that it was not taken into account because it was my condition on the day of the assessment which matters. They did not include copies of the requested evidence.

 

The letter also said that no new information had been received, I wasn't given the opportunity of providing any.

 

I intend to appeal but the letter does not contain the information as to how to do this despite the original letter to me saying that if a reconsideration did not result in a change, information about an appeal would besent to me.

 

Does anyone have any suggestions?

[carly123]

Hi,I am sorry that you haven't had any replys I didn't reply because all I can suggest is that you call them and request everything again or try to to get advice from cab welfare rights.Sorry I can't be of more help.

[stu007]

Hi

 

Have a wee look at this link: http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Mandatory-Reconsideration-Appealing-or-going-to-a-Tribunal-Some-useful-information

[honeybee13]

Thread moved to the main benefits forum for further advice.

 

HB

[speedfreek]

You should have 2 copied of that decision notice called a Mandatory Reconsideration.

 

You have 1 month from the date on that letter to lodge an appeal. Whilst doing that you will still be paid the WRAG amount.

 

Download, fill in and then print off (keep a copy for yourself) the SSCS1 form from here https://www.gov.uk/social-security-child-support-tribunal/appeal-tribunal

 

Send that plus 1 copy of your Mandatory Reconsideration letter to the address on the SSCS1 form.

 

You can either send in more information with that or wait until you get confirmation and a case number from the Tribunal Service and send it in later quoting that reference number.

 

Thing to note :- the DWP have decided that there is no Work Related Activity that would adversely effect people with Mental Health issues. Thus stopping anybody with mental health being awarded Support Group - its internal guidance which is not law so doesn't affect what the Tribunal panel will think. So you need to argue a Support Group descriptor and/or in one of your appeal points argue specifically why/how Work Related Activity would impact your life, worsen your condition.