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Thread: Hard to believe

  1. #1
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    Hard to believe

    Morning Guys and Girls.
    I've had a letter about my Mandatory Reconsideration over my claim for E.S.A. this morning, and I must say I didn't expect it to arrive so quickly. Seeing as I assumed they would maybe contact some of the professionals involved and named in the paper work that I sent them.
    They're telling me that having considered the further evidence, they are still unable to change their decision.

    Line from the letter:
    "The Mandatory Reconsideration Notice has been issued on 20-Feb-2015"
    "I have considered the further evidence contained in your letters, but this has not enabled me to change the original decision, or the Mandatory Reconsideration"
    "If you decide to lodge an appeal, you may want to submit this letter to Her Majesty's Courts and Tribunals Service so I have taken a copy for our records, and returned the original letters to you".
    "If you want more information, please get in touch with us"

    I'm finding this decision "Hard to believe" after being awarded P.I.P.
    I really don't have the stomach to pursue this any further, as the thought of going to Court e.c.t. scares the hell out of me, and I simply cannot afford Legal assistance.
    So by the look of things, I'll just have to keep looking for work that I can't get to, until I reach 65 years of age.

    one really quite surprised, and disappointed Gary

  2. #2
    Senior Member
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    Quote Originally Posted by Garyunsteady View Post
    Morning Guys and Girls.
    I've had a letter about my Mandatory Reconsideration over my claim for E.S.A. this morning, and I must say I didn't expect it to arrive so quickly. Seeing as I assumed they would maybe contact some of the professionals involved and named in the paper work that I sent them.
    They're telling me that having considered the further evidence, they are still unable to change their decision.

    Line from the letter:
    "The Mandatory Reconsideration Notice has been issued on 20-Feb-2015"
    "I have considered the further evidence contained in your letters, but this has not enabled me to change the original decision, or the Mandatory Reconsideration"
    "If you decide to lodge an appeal, you may want to submit this letter to Her Majesty's Courts and Tribunals Service so I have taken a copy for our records, and returned the original letters to you".
    "If you want more information, please get in touch with us"

    I'm finding this decision "Hard to believe" after being awarded P.I.P.
    I really don't have the stomach to pursue this any further, as the thought of going to Court e.c.t. scares the hell out of me, and I simply cannot afford Legal assistance.
    So by the look of things, I'll just have to keep looking for work that I can't get to, until I reach 65 years of age.

    one really quite surprised, and disappointed Gary
    It is not a court as such, it is a panel of 2 individuals consisting of a judge and a doctor. It is very informal.

    Watch this video, this will explain it https://www.youtube.com/watch?v=SzwXSRkiggc

    No legal help is needed, it would be beneficial for you to have a Welfare Rights Officer from your local council, or someone from CAB to go with you to the tribunal. You do not need to go, you can also ask them to reconsider the decision on the papers alone.

  3. #3
    New Member
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    Feb 2015
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    9
    apeal 3 person tribunal not court they are impartial and unlike the dwp take medical evidence into account
    better if you can take an advisor
    upto 12 month waiting list in some areas

    cheers les

  4. #4
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    Feb 2015
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    May I ask what you sent in or told them to them to help support your mandatory reconsideration

  5. #5
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    thanks Megan 1512... useful to know that is.
    Hello Velvet... I sent in a full copy of my P.I.P. assessment and the marks they gave me, plus the award I achieved.
    Daily living component, Standard rate.... Mobility component, Enhanced rate.
    A Neuropsychological report on how my brain doesn't function at the same speed or efficiency as an undamaged one.
    A copy of my partially sighted certificate, which was caused by the head injury.
    Plus a letter from a Senior Sister and ward manager from Q.E. hospital B'ham, telling of the Mobility problems that both herself and her staff witnessed me having. plus a letter from the D.V.L.A. telling how I am not medically fit to drive.
    I even sent in a copy of the letter they had sent me, showing that due to me being severely disabled, I will receive an enhancement on top of my Job seekers allowance. It's almost funny isn't it?..... they tell me in a letter, that I have some pretty bad troubles, that they think I need help with.... and then tell me on the back of it, that I'm still fit to work ?.
    I think I'll just keep making the troublesome journey once a fortnight, and keep signing on.

  6. #6
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    wales
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    I hope you keep appealing. Its more work for them than you. I just think its better to be fighting than give Up. I guess just look after yourself emotionally and not get your hopes up but keep the appeal going as long as you can. Theres nothing to lose, and a judge might see how you have been forced to fight for this because, uhm... you need it!
    but yes i agree with others, try and get some assistance with appeal. CAB maybe, welfare rights are excellent too and will come to tribunal with you. Take care. Xx

  7. #7
    Senior Member
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    Aug 2014
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    Hello Gary

    Having read what you have written and the evidence you have and have sent in I would advise you not to give up
    Use the appeal system and go to the tribunal and send in all the evidence the more the better.
    You have nothing to fear whatsoever Gary its straight forward and impartial and you will be listened to good luck .....Paul

  8. #8
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    Thanks Sandy and Stormforce.
    I've had a chat with a friend who's been through the same process, and he's given me some more detail on what to expect.
    So now the gloves are coming off and I'm going for it.... Like you say "there's nothing to lose"
    Tomorrow I'll contact the top man of a Brain Injury Rehabilitation company here in Birmingham (Momentum) and ask for his help.
    He's helped others who have spent some time there, and won cases for them.
    He's an experienced chap, in both Brain Damage and it's effects... and Legal issues too.
    I've kept good copies of all my paper work, plus the stuff sent to me by the DWP. telling me how much I need help.
    I'll also contact the C.A.B. as they are the people who helped me fill out my P.I.P. application, and that was successful, so I've got a lot of faith in them.
    Sorry to have to call upon the Wisdom and Experience of the users of this wonderful site. but how do I start the Appeal?

  9. #9

  10. #10
    Member
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    Thanks also to you Slipmaster... I'll print this form off and start filling it in once I've rung my contact and got some assistance, and back up if I need it.

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