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mandatory reconsideration
- grizzledbear
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10 years 4 months ago - 10 years 4 months ago #127821 by grizzledbear
mandatory reconsideration was created by grizzledbear
I am about to send in an appeal for reconsideration, i got 9 points for not being able to sit or stand for 30 mins (or an hour ) if they did it right but got zero points for walking, which has been my main problem for 20 years plus, my old doctor retired years ago & i didn`t even know my new one so hadn`t seen one for 5 years, i have seen him now & he`s as bemused as i am how they can say i have these problems but can now walk 200mtrs without a problem, i think after speaking on the phone to the decision maker its about using a manual wheelchair which obviously i haven`t got, i`ve just had x-rays of my both my knees & wrists as well as blood tests & am awaiting appointments for further MRi scans, i wear wrist splints which i believe the ATOS Hcp assumed were just like wristbands & not a metal splint that runs from the fingers down the palms & up the wrists which would definitely stop me from using a manual wheelchair, i have problems with my knees which obviously have been accepted as well as rheumatoid arthritis which is the main reason for the wrist splints (as well as helping with my crutches), my new doctor is adamant that when i ask for an appeal they will contact him again ( and cos he`s now seen me he can put in a better report for me) which i don`t think will happen, but anyway i know i haven`t given all the information you might need but any advice on what to put in my appeal letter will be appreciated as in should i tell them whats happened over Christmas with the doctor or leave it for what will probably be my main appeal to a proper tribunal with real human beings, also my doc gave me a sicknote should i send that in with my letter, thank-you.
Last edit: 10 years 4 months ago by . Reason: Tick.
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- Gordon
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10 years 4 months ago #127836 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic mandatory reconsideration
grizzledbear
I am afraid that all I can do is to refer you back to the ESA Claim guides so you can describe why you meet the ESA criteria for either the WRAG or the Support Group.
The use of the wheelchair is assumed, providing such usage is deemed to be reasonable, so if you have issues with your wrists then this is something you need to make clear in any submission you might make on appeal.
That said, you should still address the issue of the distance that you can walk, you need to consider how you are for the majority of the time and whether the distance is limited by significant discomfort or breathlessness and the activity must be repeatable for it to count.
I am afraid your GP is incorrect, the DWP will not contact him should you lodge an appeal, they have made their Decision and their is no legal requirement for them to seek further evidence. A Tribunal panel may, but even if they do they most likely will request your medical records rather than an opinion from your doctor.
It is not clear whether you have lodged an appeal or are still required to request a Mandatory Reconsideration. In either case, you do not need to go into detail on the request, you should consider creating a submission that lays out how you meet each of the ESA Descriptors that are relevant and cross references to any evidence that you have available. Your primary goal is to show why you qualify, so don't get hung up on disagreeing with the assessment report, just explain why you think they have ignored relevant evidence, your comment about the wrist straps is a good example of how to do this.
Our ESA MR & Appeal guide explains how to lodge an appeal and more details about the process.
www.benefitsandwork.co.uk/help-for-claimants/esa1
As always, if you have any questions then please reply to this post and we will do our best to help.
Gordon
I am afraid that all I can do is to refer you back to the ESA Claim guides so you can describe why you meet the ESA criteria for either the WRAG or the Support Group.
The use of the wheelchair is assumed, providing such usage is deemed to be reasonable, so if you have issues with your wrists then this is something you need to make clear in any submission you might make on appeal.
That said, you should still address the issue of the distance that you can walk, you need to consider how you are for the majority of the time and whether the distance is limited by significant discomfort or breathlessness and the activity must be repeatable for it to count.
I am afraid your GP is incorrect, the DWP will not contact him should you lodge an appeal, they have made their Decision and their is no legal requirement for them to seek further evidence. A Tribunal panel may, but even if they do they most likely will request your medical records rather than an opinion from your doctor.
It is not clear whether you have lodged an appeal or are still required to request a Mandatory Reconsideration. In either case, you do not need to go into detail on the request, you should consider creating a submission that lays out how you meet each of the ESA Descriptors that are relevant and cross references to any evidence that you have available. Your primary goal is to show why you qualify, so don't get hung up on disagreeing with the assessment report, just explain why you think they have ignored relevant evidence, your comment about the wrist straps is a good example of how to do this.
Our ESA MR & Appeal guide explains how to lodge an appeal and more details about the process.
www.benefitsandwork.co.uk/help-for-claimants/esa1
As always, if you have any questions then please 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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