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DWP Mandatory Reconsideration advice?
bery_451
Posts: 1,917 Forumite
Ok I understand the claimant gets £0 during this stage even though claimant has a valid sick note however will the claimant gets the assessment rate back dated during the period of this stage backed by the same valid sick note if later it is found that mandatory reconsideration goes in favour for the claimant or after the claimant wins at tribunal?
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As far I know, if the MR gets rejected, and the claimant then opts for appeal, an assessment rate of ESA is payable until the appeal is heard.
If I'm wrong, someone will correct me.
Any back pay, from before the MR, would date from the date of the claim, if the tribunal decides in favour of the claimant, along either any other arrears of ESA.
Lin
You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset.
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As far I know, if the MR gets rejected, and the claimant then opts for appeal, an assessment rate of ESA is payable until the appeal is heard.
If I'm wrong, someone will correct me.
Any back pay, from before the MR, would date from the date of the claim, if the tribunal decides in favour of the claimant, along either any other arrears of ESA.
Lin
Agree!
OP, do you know that you can claim JSA during the reconsideration period as you have been officially been found 'fit for work'?0 -
As far I know, if the MR gets rejected, and the claimant then opts for appeal, an assessment rate of ESA is payable until the appeal is heard.
If I'm wrong, someone will correct me.
Any back pay, from before the MR, would date from the date of the claim, if the tribunal decides in favour of the claimant, along either any other arrears of ESA.
Lin
Ok so claimant will get back pay for MR period if tribunal or MR goes in claimant favour but still obviously back pay has to be backed by valid sick note.
Claimant is forced to claim JSA if MR is a long period obviously to survive.
Or Claimant can choose not to claim JSA and gamble his/her chances at winning or losing at MR or at Tribunal that will decide whether claimant gets back pay or not for MR period. However survival will be hard at this option if MR takes long and the claimant is getting £0 during this MR period.
I can already see MR is a clever scheme by Govt to force claimants on to JSA to survive. However JSA doesnt guarantee survival because of JSA sanctions.0 -
Ok so claimant will get back pay for MR period if tribunal or MR goes in claimant favour but still obviously back pay has to be backed by valid sick note.
Claimant is forced to claim JSA if MR is a long period obviously to survive.
Or Claimant can choose not to claim JSA and gamble his/her chances at winning or losing at MR or at Tribunal that will decide whether claimant gets back pay or not for MR period. However survival will be hard at this option if MR takes long and the claimant is getting £0 during this MR period.
I can already see MR is a clever scheme by Govt to force claimants on to JSA to survive. However JSA doesnt guarantee survival because of JSA sanctions.
But it has resulted in the 'merry go round' that existed before the MR rule came into being shut down.
Previously you never asked for a reconsideration but went straight to appeal. That way you continued to get your ESA payment without stoppage. It was a clever way of delaying the inevitable at a Tribunal when you knew you would never be awarded ESA.
From when you made the first claim, and you only needed a sick note, to when you would have been told by a Tribunal some 18 months could have gone by. Not bad for no real effort. Then back on the 'merry go round' and put in a new ESA claim. People did this for years to get out of claiming JSA.0 -
But it has resulted in the 'merry go round' that existed before the MR rule came into being shut down.
Previously you never asked for a reconsideration but went straight to appeal. That way you continued to get your ESA payment without stoppage. It was a clever way of delaying the inevitable at a Tribunal when you knew you would never be awarded ESA.
From when you made the first claim, and you only needed a sick note, to when you would have been told by a Tribunal some 18 months could have gone by. Not bad for no real effort. Then back on the 'merry go round' and put in a new ESA claim. People did this for years to get out of claiming JSA.
I dont see no difference anyway cause ESA assessment rate is the same rate as JSA. Its not like the claimant is getting more money in ESA assessment rate.0 -
I dont see no difference anyway cause ESA assessment rate is the same rate as JSA. Its not like the claimant is getting more money in ESA assessment rate.
No but under the old system pre MR, there were no sanctions. All you had to do for 18 months was regularly supply sick notes and in exchange you received regular payments for the same money as JSA would be for.
No signing on, no sanctions, no job hunting - it was an easy life on ESA.
In fact just as long as you could get hold of a supply of medical certificates from your GP, you could stay on the assessment rate of ESA for years and never be told to get a job. Some have been claiming ESA since 2008 and are still claiming yet they have never passed a medical assessment or won at a Tribunal.0 -
No but under the old system pre MR, there were no sanctions. All you had to do for 18 months was regularly supply sick notes and in exchange you received regular payments for the same money as JSA would be for.
No signing on, no sanctions, no job hunting - it was an easy life on ESA.
In fact just as long as you could get hold of a supply of medical certificates from your GP, you could stay on the assessment rate of ESA for years and never be told to get a job. Some have been claiming ESA since 2008 and are still claiming yet they have never passed a medical assessment or won at a Tribunal.
So what you saying that professionals such as GP's risk their profession by giving falsified sick notes to claimants. Never heard so much rubbish in my life.0 -
So what you saying that professionals such as GP's risk their profession by giving falsified sick notes to claimants. Never heard so much rubbish in my life.
I should also note that this 'loophole' where claimants could remain on ESA-assessment rate forever only happend because the time from decision to appeal verdict exceeded 6 months.
This was not the case at the time the legislation was written.
At that time (from memory) - the expected timeline would have been something like:
Week 1 - claimed ESA.
Week 11 - assessment.
Week 13 - refusal and subsequent appeal.
Week 21 - tribunal refuses claim.
Week 27 - only now can the person reclaim ESA for the same condition (with a doctors note)0 -
As far I know, if the MR gets rejected, and the claimant then opts for appeal, an assessment rate of ESA is payable until the appeal is heard.
If I'm wrong, someone will correct me.
Any back pay, from before the MR, would date from the date of the claim, if the tribunal decides in favour of the claimant, along either any other arrears of ESA.
Lin
Incorrect!
Once the appeal is lodged and the Tribunal Service notify the DWP payment resumes. As long as you have a valid fit-note covering the MR period you will now receive back payment from the date the decision was made to stop ESA.
http://www.cpag.org.uk/content/new-appeals-rules-and-procedures
http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration0 -
So what you saying that professionals such as GP's risk their profession by giving falsified sick notes to claimants. Never heard so much rubbish in my life.
I never mentioned 'falsified sick notes'.
What I did mention is that you go to your GP for a sick note.
Now that could be for anything that could affect your ability to work, maybe stress, maybe depression. There are a many instances where you could be entitled to a sick note.
The thought of having to sign on and jump through the hoops trying to avoid a sanction would certainly stress me out.0
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