esa failed mandatory reconsideration

lor6126

Hi, recieved good advice on here when asking for mandatory reconsideration. I have now failed this, (went from zero points to 9 points tho.)

Can anyone tell me the next step now that i have to appeal,? i have had no income since 29th August and need to get my esa reinstated while i wait for appeal.

Also, i was told to contact housing benefit to make a signed statement that i had zero income in this period so that my housing and council tax benefits would continue, which i did. I have this morning recieved a summary warrant from council tax for the £22 i was not able to pay while having no income,.
What can i do about this, if anything.?

rogerblack

You need to send the mandatory reconsideration to the tribunals service, along with a note that you want to appeal.
Once the tribunals service send a note to the DWP that your appeal has been recieved, your ESA will usually resume at the assessment rate.
(assuming you did not miss a medical).
You can apply in the interim for JSA.
You need to contact the council, and explain your position.

lor6126

thank you, i did not apply for jsa,as i could not meet the requirements they wanted to put on the job seekers agreement.
When i get back on the assessment rate will my esa be backdated for the month i have had no money ?.

Horseunderwater

Make sure that you get a sick/fit note as ESA will not be paid without that.

nannytone_2

they will not pay ESA for the period which covered the mandatory reconsideration.
did you apply for JSA during this time? if you did, did you tell them that a reconsideration for ESA was being carried out?
knowing that an ESA reconsideration was being done, they should have relaxed the job seekers agreement considerable.

lor6126

Hi Nannytone,i cancelled my claim for jsa because they would not let me see a disability advisor, and i could not meet any of the criteria on the agreement.
Ie, i had to sign to say i would apply for ten jobs a week or risk a sanction.
They also wanted me to come into the job centre for 4 days in a row even though i explained i cannot travel without someone to drive me and assist me with walking.
I will ask my GP for a fit note tomorrow.

lor6126

I did tell them i was appealing the decision.

rogerblack

nannytone wrote: »

they will not pay ESA for the period which covered the mandatory reconsideration.

This is completely wrong.
Assuming for the moment that the original failure was not due to missing a medical without good cause, and that the claimant has not been working, or not otherwise been disqualified from payment due to excess household income, capital, or various other reasons.

Once the mandatory reconsideration has been done, and submitted to the tribunal service, and the DWP has the tribunal services letter that they've got it, along with a sicknote for the period after the finding that the claimant was fit for work, then payment resumes at the assessment rate, along with any backpay for the period of the disallowance.

pmlindyloo

rogerblack wrote: »

This is completely wrong.
Assuming for the moment that the original failure was not due to missing a medical without good cause, and that the claimant has not been working, or not otherwise been disqualified from payment due to excess household income, capital, or various other reasons.

Once the mandatory reconsideration has been done, and submitted to the tribunal service, and the DWP has the tribunal services letter that they've got it, along with a sicknote for the period after the finding that the claimant was fit for work, then payment resumes at the assessment rate, along with any backpay for the period of the disallowance.

Just to add, since it looks like you began to claim JSA (at least for a short while), any pay will be backdated to the first day that you received no benefits. Basically you should have been paid for the whole period, either JSA or ESA. But as above says you will need fit notes for any periods that you are claiming backdated ESA.

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

lor6126

pmlindyloo wrote: »

Just to add, since it looks like you began to claim JSA (at least for a short while), any pay will be backdated to the first day that you received no benefits. Basically you should have been paid for the whole period, either JSA or ESA. But as above says you will need fit notes for any periods that you are claiming backdated ESA.

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

thank you everyone for your help.
So tomorrow i will attempt to get an appointment with my doctor to obtain a fit note.Is it possible for the doctor to backdate this to the date that i failed my wca.? Before this date my fit note said i was incapable of work indefinately. But i assume failing the medical put an end to this.

I have an appointment with my rheumatologist in two weeks at which point i will ask if he can assist with a report about how i am affected by my conditions. Can i go ahead and get the appeal logged in the meantime and submit further evidence at a later date.?

Pmlindyloo, you are correct in that i recieved a part week payment of JSA before i informed them i could not meet the job seeker agreement.

thank you all very much, This forum is invaluable to people who are struggling with benefits.

epitome

rogerblack wrote: »

Once the mandatory reconsideration has been done, and submitted to the tribunal service, and the DWP has the tribunal services letter that they've got it, along with a sicknote for the period after the finding that the claimant was fit for work, then payment resumes at the assessment rate, along with any backpay for the period of the disallowance.

Just to clarify,........ you don't need a new sicknote, just a continuing sicknote from the date the current one runs out. And yes your doctor (the same doctor) will have no problem giving you a sick note as long as the doctor continues to think you are not fit for work.

And yes you will recieve arrears of ESA except for any period you got JSA.