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I need help with my mandatory reconsideration

audigirlaudigirl Posts: 41Member Whisperer
Hi on the 22nd jan i had my esa assesment and today iv been told i dont qaulify for esa the support group in the decision letter i can see shes not been truthful now i know about a MR but please can you point me in the right direction as what steps to take next and what if any payments i can get TIA x

Replies

  • frecklesfreckles Posts: 257Member Chatterbox
    Yes you will have to put in for MR if that does,nt work then put in for a tribunal hearing it sounds like they have put you in the WRAG group
  • audigirlaudigirl Posts: 41Member Whisperer
    Thankyou for that 
    have they really put me in the WRAG group as it doesnt say anything in the decision letter its only based on mental cognitive capability x
  • frecklesfreckles Posts: 257Member Chatterbox
    If you had an a assesment then ring the dwp and ask them for the medical report the one done by the assessor who carried out your assesement was atos,capita or maximus
  • poppy123456poppy123456 Posts: 8,455Member, Community champion Brian Blessed
    audigirl said:
    Thankyou for that 
    have they really put me in the WRAG group as it doesnt say anything in the decision letter its only based on mental cognitive capability x
    What does the decision letter say, without disclosing any personal details.
  • audigirlaudigirl Posts: 41Member Whisperer
    Its hard to write without putting personal info on but everything for mental cognitive capability scored 0 points on the other side if im unemployed i need to strt looking for work because your capability assesment shows that you can do some type of workthis means we cant pay you ESA from 08 feb 2019 it has a list of info provided on ur capability for work questionaire healthcare professional report on 22 nd jan medical or other info provided by me your gp or healthcare proffessional 
  • audigirlaudigirl Posts: 41Member Whisperer
    Poppy123456.you should apply for universal credit unless you had sdp as part of your ESA within the last calendar month which i did have what are they saying i should do 
  • poppy123456poppy123456 Posts: 8,455Member, Community champion Brian Blessed
    The letter means you've been found fit for work and your ESA has stopped from that date. You'll receive 1 further payment for the money they owe because it's paid 2 weeks in arrears then it will stop.

    Your next step is to request the MR which you should put in writing stating what you disagree with, which group you think you should be in and your reasons why. You need to look at the Support Group descriptors to see which one applies and then base your MR on that.

    You won't be paid any ESA while waiting for the MR. If the MR decision remains the same and most do then once the Tribunal have accepted your appeal you'll be able to go back onto assessment rate for ESA but you'll need sick/fit notes from your GP until the Tribunal have made a decision.

    As you've been claiming the SDP then you won't be able to claim UC because of new rules that came in on 16th Jan 2019, those that are claiming it or have been claiming it within that past month can't claim UC.

    JSA maybe possible. Once it's claimed and you've been to your first Job centre appointment then you'll be able to send in a sick note for 13 weeks maximum while you wait for the MR decision. A claim for JSA can take 3-4 weeks for your first payment.

    I'd advise you to get further advice and help from a local advice centre near you. Good luck.
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