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Thread: ESA | 0 Points | Mandatory Reconsideration / Revision Sent 1 Year Late

  1. #1

    ESA | 0 Points | Mandatory Reconsideration / Revision Sent 1 Year Late

    I got my ESA decision (2nd year) in July 2016. I scored 0 points. For various reasons I put it off and off for a whole year. I went to see a citizens advice for help at this point. I had written out most of my mandatory reconsideration (about 10 pages in total) and the guy at citizens advice just wrote me something to add to the top and said to send to them what I had already written along with this new text. When he found out it was a year late (it was actually a year and a few days late), he said because it is late that it is not called a Mandatory Reconsideration and said instead it is a 'Revision' we are asking for. I trusted his word. He has a lot of experience. However, I googled the topic a lot and could see nothing about revision, only Mandatory Reconsideration and then to Appeal.

    What I would like to know is, was it right to ask for a 'revision' and not a mandatory reconsideration? If there is no such thing - or maybe there was at one time - I am guessing they will just treat it as a 'late' mandatory reconsideration, is that right? I have put all my reasons for it being late at the beginning of the letter, by the way.

    I also want to know, it has been over a month since I sent it off and have not heard nothing from them. At what point should I contact them for an update?

  2. #2
    What I would like to know is, was it right to ask for a 'revision' and not a mandatory reconsideration? If there is no such thing - or maybe there was at one time - I am guessing they will just treat it as a 'late' mandatory reconsideration, is that right? I have put all my reasons for it being late at the beginning of the letter,
    In a word YES, The Law says, you have a month (28days) from the date on your 'Decision Notice' (letter) to apply for a Mandatory Reconsideration (MR), you didn't, without that you have no automatic right of 'Appeal' (to an independent 'Tribunal'). From what you've said it appears to me the Adviser has advised you correctly, I would suggest you stick to them like glue, but understand this 'Revision' (also known has an anytime review, of your claim) can be a very long and drawn out business.

    Best of luck with it and please keep us informed of your progress.

  3. #3
    Does that mean I cannot appeal at all? I have also read I have 12 or 13 months to submit a late reconsideration. My letter was within the 13 month frame and included many reasons in depth. Also, can you explain a bit more about the anytime review. I thought it just goes to DWP and somebody reads my letter and decides if it acceptable to revise the decision based upon the information provided? How long can it take and how long before I should contact them about news?

  4. #4
    Senior Member
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    If you are still able to use the CAB I would strongly suggest that is the place to be.
    Yours is an extreme case, they can take as much time as they like. I would telephone them asap to make sure that they have actually received your submission and you may be able to get some sort of update then.
    Even if they allow your MR the chances are that the original decision won't be overturned and you will then have to appeal to the tribunal.
    As you have no award in payment you can submit a new claim. There are potential consequences if you decide to go down this routeBut at the moment I would look at it as insurance
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  5. #5
    Quote Originally Posted by hughie1 View Post
    Does that mean I cannot appeal at all? I have also read I have 12 or 13 months to submit a late reconsideration. My letter was within the 13 month frame and included many reasons in depth. Also, can you explain a bit more about the anytime review. I thought it just goes to DWP and somebody reads my letter and decides if it acceptable to revise the decision based upon the information provided? How long can it take and how long before I should contact them about news?
    To comply with the 13 month rule you need very solid mitigation (reasons), your CAB adviser is the only other person in possession of the facts of your case he is the one you should be talking to.

  6. #6
    Can someone please explain a bit more about this anytime revision process and any idea of the success likelihood? I'm not on telephone contact with cab adviser and won't be seeing him at the bare minimum until I hear back from dwp.

  7. #7
    Quote Originally Posted by Jard View Post
    To comply with the 13 month rule you need very solid mitigation (reasons), your CAB adviser is the only other person in possession of the facts of your case he is the one you should be talking to.
    The cab adviser knows everything I have said in tho post. Only met him once and he only wrote the top part/intro re requesting a revision. I'm not in contact with him. I will only be seeing him I dwp outcome is negative.

  8. #8
    Have a read of the following link hughie, it might give you a better idea of what's got to be done, as I indicated above it is only you and your adviser that know your circumstances and the facts of your case, so no one here can really comment on it.

    https://www.citizensadvice.org.uk/be...n-by-revision/

    But, keep us informed how it goes and best of luck.

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