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  • FIRST POST
    • twhitehousescat
    • By twhitehousescat 5th Jul 18, 11:22 PM
    • 2,143Posts
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    twhitehousescat
    Mandatory reconsideration
    • #1
    • 5th Jul 18, 11:22 PM
    Mandatory reconsideration 5th Jul 18 at 11:22 PM
    a few mths ago I went for a ESA medical, about 6 weeks ago I received a txt followed by a phone call to say that I had failed the medical , I asked for this in writing

    I received the large letter (zero points) and sought help

    local (council run) benefits centre saw me a week later and prepare a appeal , this was posted to me with a pre written and stamped envelope , just waiting for me to read , understand , sign and post off .

    I did this and asked for proof of posting , post office tried to get me to pay for signed for - no point as they deliver in sacks.

    2 weeks later I contact them to check progress , , multiple computer checks show it not received and not scanned

    I contact person that wrote letter and explain , she states I am about the 5th in the same number of weeks claiming non delivery , but also points out that the address on the letter is my local office , not wolverhampton (I think)

    she makes a second copy which I collect and sign and go to my local JS + , for them to scan and send to local office

    local office has been closed for 3-4 mths!!!!!!!!!!!!!!!!

    she instead forwarded it with a covering letter and a scan of roof of postage direct to ESA

    phone call this evening about t time to say they have got it , the guy admitted that the local office had shut , but no one knows where the post is being forwarded to , and I am not the first in this situation

    god knows if one internal dept cannot talk to another
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
Page 1
    • JoCha
    • By JoCha 5th Jul 18, 11:42 PM
    • 28 Posts
    • 8 Thanks
    JoCha
    • #2
    • 5th Jul 18, 11:42 PM
    • #2
    • 5th Jul 18, 11:42 PM
    I've not really got anything helpful to add other than that .. I hear you (been there!) and I hope it goes well for you.
    • twhitehousescat
    • By twhitehousescat 5th Jul 18, 11:47 PM
    • 2,143 Posts
    • 2,591 Thanks
    twhitehousescat
    • #3
    • 5th Jul 18, 11:47 PM
    • #3
    • 5th Jul 18, 11:47 PM
    thank you , I expect it to fail but will go to court with help , most of my "faults" were mental based (Ie I was attacked at work by persons with knives (twice in 8 mths) , but yet according to ESA doctor I can walk and cook etc etc ,,,,,,,,,,,,,,,
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • JoCha
    • By JoCha 5th Jul 18, 11:49 PM
    • 28 Posts
    • 8 Thanks
    JoCha
    • #4
    • 5th Jul 18, 11:49 PM
    • #4
    • 5th Jul 18, 11:49 PM
    My mandatory reconsideration did fail but I won an appeal. From what I know a lot of people have had this happen
    • twhitehousescat
    • By twhitehousescat 6th Jul 18, 12:01 AM
    • 2,143 Posts
    • 2,591 Thanks
    twhitehousescat
    • #5
    • 6th Jul 18, 12:01 AM
    • #5
    • 6th Jul 18, 12:01 AM
    yes I was pointed to this person at local welfare benefits as she was "good" , in the reply she has gone point by point where they have said zero and cut them to shreds , in the case of the person that gave me her details/direct contact number and another she helped, both cases were simply rubber stamped as fail at mandatory , only in court did they win

    I am in a position that I cannot stand crowds or strangers , the person at JSA was reluctant to take my claim and I had to beg to be allowed to sign on , as I clearly was not capable of working , and at the job centre I had a "turn" and wet my pants , I am due to sign on tomorrow , and she has arranged a 09.00 appointment , before it gets busy

    when I rung today I was hoping for a decision , either accepted and back to previous (esa ring me every month) or fail and a full court claim in and no longer have to visit JC+

    the failure to receive letter (they have admitted fault - off the record) has just prolonged things
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • twhitehousescat
    • By twhitehousescat 23rd Jul 18, 1:05 PM
    • 2,143 Posts
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    twhitehousescat
    • #6
    • 23rd Jul 18, 1:05 PM
    • #6
    • 23rd Jul 18, 1:05 PM
    just an update

    after filling in the mandatory appeal , they have "mysteriously" found 15 points

    to loose one , is a disaster to LIE and CHEAT claimants is a joke

    after ringing for further info , I am "work related" and will get a refund (difference between 74 and 102) paid for the missing weeks
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Alice Holt
    • By Alice Holt 23rd Jul 18, 2:59 PM
    • 2,550 Posts
    • 2,950 Thanks
    Alice Holt
    • #7
    • 23rd Jul 18, 2:59 PM
    • #7
    • 23rd Jul 18, 2:59 PM
    just an update

    after filling in the mandatory appeal , they have "mysteriously" found 15 points

    to loose one , is a disaster to LIE and CHEAT claimants is a joke

    after ringing for further info , I am "work related" and will get a refund (difference between 74 and 102) paid for the missing weeks
    Originally posted by twhitehousescat
    I would have a chat with the benefits specialist who prepared your appeal to see if any of the Support Group activities apply.

    You may wish to continue to appeal if you both think the SG is more appropriate than the WRAG.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • twhitehousescat
    • By twhitehousescat 23rd Jul 18, 8:31 PM
    • 2,143 Posts
    • 2,591 Thanks
    twhitehousescat
    • #8
    • 23rd Jul 18, 8:31 PM
    • #8
    • 23rd Jul 18, 8:31 PM
    can you accept the lower work related AND do a formal court appeal ?

    or would you have to decline the work related and then appeal
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Alice Holt
    • By Alice Holt 23rd Jul 18, 9:05 PM
    • 2,550 Posts
    • 2,950 Thanks
    Alice Holt
    • #9
    • 23rd Jul 18, 9:05 PM
    • #9
    • 23rd Jul 18, 9:05 PM
    The DWP have placed you in the WRAG group, so you are now in that group.
    (You can't accept or decline it - it's as if you had that result after your WCA)

    If you (and your adviser) think you should have been placed in the SG, you just notify the Tribunal Service that you wish to continue the appeal (otherwise your appeal lapses).

    SG descriptors here:
    https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • twhitehousescat
    • By twhitehousescat 23rd Jul 18, 9:30 PM
    • 2,143 Posts
    • 2,591 Thanks
    twhitehousescat
    this is a joke

    "Qualifying for the support group of employment and support allowance (ESA)is not about scoring points. Instead, if the decision maker accepts that any of the following descriptors apply to you, then you will be placed in the support group.


    Nil points = JSA 15 points = ESA , so whats the " not about scoring points."

    they declared that I had scored no points , but on appeal allowed me 15
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • poppy12345
    • By poppy12345 23rd Jul 18, 11:10 PM
    • 3,790 Posts
    • 3,607 Thanks
    poppy12345
    this is a joke

    "Qualifying for the support group of employment and support allowance (ESA)is not about scoring points. Instead, if the decision maker accepts that any of the following descriptors apply to you, then you will be placed in the support group.


    Nil points = JSA 15 points = ESA , so whats the " not about scoring points."

    they declared that I had scored no points , but on appeal allowed me 15
    Originally posted by twhitehousescat
    That's correct, it's not about scoring points for the Support Group. It's about satisfying at least one of those descriptors in the link Alice posted. Please have another look at this link, do any of those apply to you?



    WRAG is about points and you need at least 15 points for this group.
    • twhitehousescat
    • By twhitehousescat 23rd Jul 18, 11:49 PM
    • 2,143 Posts
    • 2,591 Thanks
    twhitehousescat
    the items on that list are more vbor less identical to the ones that Iwas awarded ) points for

    the 15 points have now been awarded for
    Quote:
    on balance of probabilities engagement in social contact is always precluded do to difficulty relating to others and you experience significant distress this equates to 15 points ,,,,,,,,,,,,,,

    what is the requirement (points for wrag?) , sorry there are no points

    just refuse to accept mental problems and if you can walk and talk and cook tou are good to go
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • pmlindyloo
    • By pmlindyloo 24th Jul 18, 9:54 AM
    • 12,005 Posts
    • 13,830 Thanks
    pmlindyloo
    the items on that list are more vbor less identical to the ones that Iwas awarded ) points for

    the 15 points have now been awarded for
    Quote:
    on balance of probabilities engagement in social contact is always precluded do to difficulty relating to others and you experience significant distress this equates to 15 points ,,,,,,,,,,,,,,

    what is the requirement (points for wrag?) , sorry there are no points

    just refuse to accept mental problems and if you can walk and talk and cook tou are good to go
    Originally posted by twhitehousescat
    Can we just rewind a little as I am a tad confused.

    Have you received a decision letter that you have limited capability for work?

    Did the letter quote that you have been awarded 15 points for 'engagement in social contact is always precluded due to difficulty relating to others and you experience significant distress'?

    Quote from assessment guide:

    If the claimant scores 15 points in any physical and/ or mental, cognitive and intellectual function activity, or a total of 15 or more points from a combination of activities (the Schedule 2 activities), then the criterion for limited capability for work is met for benefit entitlement purposes. At this stage the decision maker will consider whether the claimant also has limited capability for work-related activity through scoring against one or more of the Schedule 3 activities .

    So you should have been assessed for the support group - the descriptor for the support group is virtually the same.

    If all of the above is what has happened then you need to continue with the appeal through your welfare officer arguing that you meet that support group descriptor.
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