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Mandatory Reconsideration, or Supersession

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10 years 6 months ago #126509 by SusanH
ESA Reassessment f2f 19th August 2014, replaced in WRAG. :dry:

Wrangled with DWP to get decision letter, :sick: it eventually came 28th October.

Went to see an adviser at CAB last week for help with Mandatory Reconsideration/Appeal.

They say to have Supersession. :huh:

Q. I thought this was only if your condition gets worse?

Q. Shouldn’t I be requesting a Mandatory Reconsideration?

Susan.

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10 years 6 months ago #126512 by Gordon
Replied by Gordon on topic Mandatory Reconsideration, or Supersession
Susan

As you suggest a Supersession can only be requested if you were able to show a documented deterioration of your condition since you were assessed in August, so yes, you need to request a Mandatory Reconsideration of the latest Decision.

Have a look at our ESA MR & Appeal guide, it explains the process and also includes template letters that you can use to make the request.

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have any further questions, reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 6 months ago #126514 by SusanH
Replied by SusanH on topic Mandatory Reconsideration, or Supersession
Thank you Gordon.

Oh dear, just as I thought. I’d better ‘do it’ myself. I hope the advisor won’t be offended.

I’ll look up your template letter, do you think it’s a good idea to phone DWP tomorrow and tell them I want to request the M.R.? As well as, the letter?

Thanks again.

Susan.

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10 years 6 months ago #126519 by Gordon
Replied by Gordon on topic Mandatory Reconsideration, or Supersession
Susan

Phoning should result in the MR request be logged immediately but you should still send the letter as confirmation.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 6 months ago #126520 by SusanH
Replied by SusanH on topic Mandatory Reconsideration, or Supersession
Thank you Gordon

Is the “written statement of reasons” refered to, the same as the ESA85 - “Decision Maker’s Scoresheet”?

Also do you have a template letter, for requesting a Mandatory Reconsideration?

Not sure how to word it. :(

Susan

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10 years 6 months ago #126526 by Gordon
Replied by Gordon on topic Mandatory Reconsideration, or Supersession
Susan

The next document down in the ESA section has template letters for requesting an MR have a look at Employment and Support Allowance Appeal Submissions

A written Statement of Reasons is a document created on request which should explain what you scored and how the DM came to their Decision, I have to warn you that historically it has been very difficult to get a SoR in regard to ESA as the DWP are only required to complete one if the information has not already been supplied, albeit in another form, however there is no reason not to ask for it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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