Esa appeal question

[speedfreek]

If you have previously responded to all correspondence/attended WCAs, that is evidence that it is most unlikely you would have ignored an appointment. Start gathering together all the evidence you have that you don't ignore correspondence. I'll also see if I can find a tribunal decision on this point, I'm sure I've seen one before.

 

The point of this is that it's still possible (though not that likely so don't get your hopes up just in case) that the DWP will back down if they can see they're going to lose even before your appeal is heard. Also, you mention mental health issues, so I think there might be an equality argument here in that where they know someone has issues which may prevent them engaging with the claims process they should make extra allowances.

 

RMW is basically pretty much spot on.

 

Have a read of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?462757-JSA-stopped-%96-No-notification-Please-Help!

 

You can ask for the postal logs and a copy of the letter sent via a SAR Subject Access Request but they will not arrive in time and you are on a 30 day deadline you have to meet to ask for a Mandatory Reconsideration. May come in handy if you have to lodge a formal appeal with HMCTS if your Mandy doesn't go your way so worth doing.

 

You will have to request this from the company who carries out the Work Capability Assessments (WCA) in your area. Not sure if you can request this via the DWP as the DWP didn't send it.

 

Note;

The DWP will have their postal logs linked to the letter sent and copy of it

Maximus, Capita and all the other DWP partners will just have a log stating something was sent but not what; which goes against them at HMCTS first tier tribunal if you have to formally appeal.

 

The 3 arguments against a failure to attend are in brief

 

1, I have well documented postal issues and the notification letter got caught up in those.

2, I complied with everything else so it is out of caricature not to have attended if I received the letter. Which I didn't receive for reason unknown and beyond my control.

 

Both of these are requests to be given "the benefit of the doubt"

 

3, I didn't understand the instruction due to my condition or due to my condition I could not attend. This can apply to both written and verbal instructions. This is harder to argue and you need solid medical evidence to make it a success.

 

Be prepared to have to formally appeal to HMCTS but you never know you might get lucky so...... Good luck and tough it out.

 

The other thing is you will have to re-arrange the ESA WCA (Work Capability Assessment) as a matter of urgency as you will not receive any ESA until either the FTA (Failure To Attend) decision goes your way or you have and have passed a new WCA. No matter what happens you need to keep any appeal going or you'll lose out on any benefit payments owed from the date of the FTA when your ESA stopped

 

Since you've applied for Universal Credit read up on the 13 week sickness rules and how to apply for what was ESA in Universal Credit

 

Rightsnet has a Universal Credit section in their forums, but if you can seek out a local advice service or a mental health charity or hopefully your in the care of a local mental health team so try them?

 

Can't really be of any more use than that as Universal Credit seams to be a mystery to everybody!

 

Absolute appalling situation to be in but don't ever give up and you'll get their in the end!

[speedfreek]

Can't tell you about time frames for a new WCA as they seam completely random. Also there appears to be issues with Universal Credit and getting them to send you for a WCA which is why we've suggested if possible seek out help/advice/support.

 

If you're stuck try CPAGs welfare advice search http://www.cpag.org.uk/lwas

 

Some Councils also have a welfare rights service so it's worth having a search on your local Councils website.

 

I religiously read the Rightsnet discussion forums every Friday as they're a good source of information and strategies to overcome DWP ****wittery using reasonableness, regulations and common sense. They're a bit much at times.... also remember they're usually worst case scenarios as most people (unlike me and you) don't normally have these issues. If I find something which maybe useful to me I bookmark the topic just in case.

 

https://rightsnet.org.uk/benefits-a-to-z

https://www.rightsnet.org.uk/resources#A_Z

https://www.rightsnet.org.uk/forums

 

Since you have already been refused at mandatory reconsideration stage have you formally appealed to HMCTS via an SSCC1 form? Always to keep a copy of what you've sent for reference!

 

Hitting the time deadlines is the most important thing here! It just makes thing easier. Why make things more difficult for yourself? Throw in your basic arguments for the appeal and why you are appealing. Once the HMCTS accept your appeal you will get a reference number which you quote when you send in later acquired supporting evidence which will get added to your appeal submission.

 

I'll give you a piece of advice from the most amazing welfare rights person who looked after me from 2010-2012 which even I find hard to follow at times. He walked me through 2 DLA and 2 ESA submissions, appeals and even got a change via a mandy!

 

It's all about explaining why you qualify for the benefit! Nothing more nothing less!

 

I'm now 6 out of 6 and although 5 out of 6 (won 1 mandy for DLA in 2010) have been sent to the HMCTS requesting face to face. I have never been to a face to face HMCTS tribunal as using a very good why I should be awarded this benefit arument, followed by medical evidence get's my appeal pulled by the DWP pre screening!