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    • Callum1995
    • By Callum1995 17th May 19, 12:42 AM
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    Callum1995
    Passed medical not recieved letter
    • #1
    • 17th May 19, 12:42 AM
    Passed medical not recieved letter 17th May 19 at 12:42 AM
    Hi guys. New to the hole forum experience but I have a really importantly question , I have recently passed an ESA medical and I'm on contribution based ESA, I've worked since I left school but due to circumstances with access to my kids and other things it's lead me into a downward spiral of depression & anxiety . I had my medical 8 weeks ago and still heard nothing, I've been placed in tbe WOrk related activity group 2 weeks ago, but had no confirmation untill today when I finally phoned up to ask for some advice about it, the advisor on the phone stated I had passed my medical 2 weeks prior to phone call & a letter HAD been sent out but I have not received one. I wanted to manditory reconsider my decision as I don't think it is the right group for me as I have trouble dealing with unfamiliar people and struggle to leave the house unaccompanied due to my anxiety I fear since it passed 2 weeks ago and haven't recieved a letter yet that I'll miss the 1 month manditory reconsideration date by the time I do get my letter, has anyone got any advice on what to do please ?
Page 1
    • poppy12345
    • By poppy12345 17th May 19, 5:50 AM
    • 5,026 Posts
    • 4,628 Thanks
    poppy12345
    • #2
    • 17th May 19, 5:50 AM
    • #2
    • 17th May 19, 5:50 AM
    Hi guys. New to the hole forum experience but I have a really importantly question , I have recently passed an ESA medical and I'm on contribution based ESA, I've worked since I left school but due to circumstances with access to my kids and other things it's lead me into a downward spiral of depression & anxiety . I had my medical 8 weeks ago and still heard nothing, I've been placed in tbe WOrk related activity group 2 weeks ago, but had no confirmation untill today when I finally phoned up to ask for some advice about it, the advisor on the phone stated I had passed my medical 2 weeks prior to phone call & a letter HAD been sent out but I have not received one. I wanted to manditory reconsider my decision as I don't think it is the right group for me as I have trouble dealing with unfamiliar people and struggle to leave the house unaccompanied due to my anxiety I fear since it passed 2 weeks ago and haven't recieved a letter yet that I'll miss the 1 month manditory reconsideration date by the time I do get my letter, has anyone got any advice on what to do please ?
    Originally posted by Callum1995
    You have 1 month from the date of the decision to request the MR, so i'd advise you to write the letter stating the reasons why you think you should have been placed into the Support Group. Just before you send it, ring them back and then request it, by the time someone looks at it again they will have received the letter.



    Did you send evidence to support your claim? If you didn't then i'd advise you to send it with the MR letter. They very rarely contact anyone for any evidence.



    Most MR decisions remain the same so expect to have to take it to Tribunal.


    Support Group descriptors here. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors


    Reg35 here. http://www.cpag.org.uk/content/making-exception
    • Callum1995
    • By Callum1995 17th May 19, 9:22 AM
    • 4 Posts
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    Callum1995
    • #3
    • 17th May 19, 9:22 AM
    • #3
    • 17th May 19, 9:22 AM
    Thank you for the advice, what do you mean though ring them up and request it and by the time they recieved the letter they'd have looked at it? Sorry I'm not advanced in all this I'm new to ESA
    • Callum1995
    • By Callum1995 17th May 19, 9:37 AM
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    Callum1995
    • #4
    • 17th May 19, 9:37 AM
    • #4
    • 17th May 19, 9:37 AM
    I've read the discriptors and I'd say I meet more than a few of those descriptors some I even mentioned in my assessment about coping with change & danger and awareness to hazards ect do I just need to meet criteria to one discrptor or them all?
    • poppy12345
    • By poppy12345 17th May 19, 11:12 AM
    • 5,026 Posts
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    poppy12345
    • #5
    • 17th May 19, 11:12 AM
    • #5
    • 17th May 19, 11:12 AM
    Thank you for the advice, what do you mean though ring them up and request it and by the time they recieved the letter they'd have looked at it? Sorry I'm not advanced in all this I'm new to ESA
    Originally posted by Callum1995
    No, i meant ring to request the MR just before the 1 month is up. If you send the letter when you ring to request then they most likely won't have had chance to look at the decision again before they receive the letter.



    Only 18% of MR decisions change anyway, so you'll most likely have to take it to Tribunal.


    For Support Group only one descriptor needs to apply but it must apply to majority of the time.
    • Callum1995
    • By Callum1995 17th May 19, 12:19 PM
    • 4 Posts
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    Callum1995
    • #6
    • 17th May 19, 12:19 PM
    • #6
    • 17th May 19, 12:19 PM
    Okay I'm sorry I'm still having a bit trouble understanding forgive me, I passed medical 2 weeks ago but only yesterday found out when I made a phone call, I've still not recieved any letter confirming I passed, just a phone call, if I'm going to MR the decision, when should i call to ring to request and when should I sent letter ? I'm assuming my decision letter wont come untill sometime next week now as he said he'd send another one out, meaning I'll be 3 weeks into the 4 by then for a MR , sorry for asking again I'm just still confused
    • poppy12345
    • By poppy12345 17th May 19, 12:44 PM
    • 5,026 Posts
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    poppy12345
    • #7
    • 17th May 19, 12:44 PM
    • #7
    • 17th May 19, 12:44 PM
    You don't need to wait for the decision letter to write and request the MR because the decision has already been made.


    Write the letter, then post it. Once it's posted ring DWP and request it over the phone and tell them the letter of request is on it's way.
    • Alice Holt
    • By Alice Holt 17th May 19, 12:48 PM
    • 3,046 Posts
    • 3,525 Thanks
    Alice Holt
    • #8
    • 17th May 19, 12:48 PM
    • #8
    • 17th May 19, 12:48 PM
    Here is a MR proforma:
    https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

    You should explain that you did not receive the initial letter, and that this was submitted as soon as you got written confirmation of the result of the assessment.

    You say " I have trouble dealing with unfamiliar people and struggle to leave the house unaccompanied due to my anxiety ", so I would explain in the MR that attending work focused interviews (WFI's) would be a risk to your mental health and cause your anxiety to worsen. This is Regulation 35 which poppy gave you a link to.

    You may wish to ring the DWP now to say you want the DWP to look at the decision again, and will be sending a written MR.

    Would your GP / other health professional be able to confirm that attending WFI's, training sessions, answering the phone to job centre employees, etc would be a risk to your health?

    I suggest you speak to your local advice agency / CAB to see if they would be able to assist you in your appeal.
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
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