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reallymadwoman

Non-appealable decision ESA?

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Following a recent reassessment, I was awarded suppport group for 2 years. DWP say I can't ask for mandatory reconsideration of the 2 years as it's not an appealable decision.

Non-appealable decisions are listed in annex E of volume 6 of the Decision Maker's Guide (06041) but I can't find anything relevant there.

Can anyone suggest how I proceed? 

The decision was based solely on an ESA85A which only considered one descriptor as the decision maker for some reason did not have access to any of the medical evidence or my ESA50. I actually meet 4 support group descriptors and should meet the severe conditions criteria.
 

 


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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ESA are correct.  The fundamental decision is to award you the support group.

 

The 2 year period is purely saying that in 2 years time, ESA can review the matter. Because the 2 year review period has nothing to do with the amount of award or qualification for an award, you can't ask a Judge at a tribunal to decide when any medical assessment review can be completed. This is why you can't appeal it, as a Judge cannot decide whether it is reasonable or not to review your award in 2 years time.

 

 

 

 


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