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Thread: Mandatory Consideration

  1. #11
    Senior Member nukecad's Avatar
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    He is right in some cases, wrong in other cases - At the moment it all depends on where you live.

    If you want to claim benefit, and be paid money, during the MR (you don't have to if you can afford not to) then you will either claim JSA or Universal Credit, depending on where you live.

    In a Universal Credit "Live Service" area you currently have to claim JSA.
    If you claim JSA and have to go to the appeal tribunal after MR then once the tribunal has accepted your application you can go back onto ESA assessment rate until the tribunal is heard.
    (Unless you had previously been found fit-for-work and have then made another ESA claim that you are now appealing).
    Any award made by the tribunal will be an ESA group.

    In a Universal Credit "Full Service" area you have to claim Universal Credit.
    If you claim Universal Credit and have to go to the appeal tribunal after MR then you cannot go back onto ESA; you stay on UC.
    Any award made by the tribunal is then added as a 'Limited Capability' element on your UC. (The equivalent of a group in ESA).

    There is (usually) no difference in the money that will be paid while waiting for appeal in either circumstance.
    (But disability premiums are not payable with UC, they may be with ESA).

    To check which area you are in enter your postcode on the following webpage and it will tell you if you can make a claim for Universal credit or not.
    If not then you can still claim JSA during the MR.
    https://universalcreditinfo.net/
    Last edited by nukecad; 03-21-2018 at 12:16 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  2. #12
    Quote Originally Posted by Mory View Post
    Thanks.

    Have you put in for mandatory reconsideration/appeal?
    No I was lucky when the decision maker called to tell me my claim was closed I told him a few things without realising that the assessor had left them out of her report he said he would look at my claim again,he called me back and said he had read my evidence that I handed in at my assessment(the assessor had ignored it and the decision maker hadn't read it either)and he had overturned the decision and was leaving me in support group thankfully.

  3. #13
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    Quote Originally Posted by Toby123 View Post
    No I was lucky when the decision maker called to tell me my claim was closed I told him a few things without realising that the assessor had left them out of her report he said he would look at my claim again,he called me back and said he had read my evidence that I handed in at my assessment(the assessor had ignored it and the decision maker hadn't read it either)and he had overturned the decision and was leaving me in support group thankfully.
    Good for you the fault with a lot of these claims seems to come down to the assessor .

  4. #14
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    Well my Richmond Fellowship support worker managed to convince me to claim JSA last Thursday. I went with her on Tuesday for my 1st appointment. Really wasn't as bad as I thought. Except we were there for almost 2 hours, between the work coach non stop waffling on and the IT system constantly failing. He was fairly apologetic about me be chucked of ESA, surprisingly (if he was being on the level). Said that that's all they seem to be dealing with at the moment - ppl being bumped off ESA. He thinks I've got a strong case (who knows tho with the unpredictable nature of the DWP).

    My appointment with the advocate is now tomorrow so hopefully my MR will be sent off. The team manger at MIND who is also my recovery worker and accompanied me to the assessment has also sent a complaint/feedback to the centre for disability assessments. I have to say it's very well and carefully done, pointing out her concerns regarding the assessment including the assessors assumptions/conclusions which can not be backed by any evidence in some parts. Omissions and additions including the 'cherry picking' of answers or the conversation which presents positive examples whilst failing to add negative examples given. That whilst the report states that the ESA50 questionnaire was used along with any supporting evidence presented this is not reflected at all in the assessment report. And so on.... Obviously she has articulated this in a different more professional way than I just have.

    It is separate to the MR/Appeal I will be lodging but I think I will add a copy into the MR or appeal submission. Will probably be ignored but I don't think it can hurt. I will check with the advocate first mind you.

  5. #15
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    Quote Originally Posted by nukecad View Post
    He is right in some cases, wrong in other cases - At the moment it all depends on where you live.
    Thanks for the info in this post. I've just realised I never replied!
    I'm not in a UC area Thankfully.

  6. #16
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    Well rang the DWP up about 2 weeks after I sent my MR just to check they had the documents and the call handler couldn't find them. She eventually located them in the post database and said she would send it across to the decision makers. I got a txt last Wednesday saying that 'we are reviewing your ESA case' and will make a decision by 10 working days. I suppose it's positive that it's not a straight out no, but not so good that there umming and ahhing over it. Just have to wait I guess.

    Universal credit starts in my area in the 1st week of June so it does worry me that I may end up on UC if they take there time over the decision or if I have to then go on an appeal. I'm assuming I can insist I go back to ESA? either after the MR or if I were to go onto appeal and win. I'm worried about losing SDP.

  7. #17
    At least it's getting dealt with,yes you can go back on esa assessment rate when the MR result comes back(if you need to)when the court accepts your appeal they well send you a letter with a reference number on it and you just phone esa and give them the number saying you want to go back on assessment rate,good luck.

  8. #18
    Senior Member nukecad's Avatar
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    As long as you don't claim UC during the MR then you can go back to ESA once the court has accepted your appeal.

    It only if you actually claim UC that they don't let you go back.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  9. #19
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    Thanks Toby123 and Nukecad That's reassuring anyway.

    As it goes, I got my MR notice today and surprise surprise they are not changing there decision. I was awarded 6 points this time around, they seem to be ignoring quite abit including the complaints letter to chda. And going along with what the assessor has put for the most part.

    So appeal it is...


    Sorry I do have (yet) another question. If you go back onto the assessment rate of ESA do you still receive SDP? (I also receive DLA).

  10. #20
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    Isn’t that the truth, the DWP have great faith in their assessors and they can do no wrong.

    Except they lose about 66% of tribunal cases.

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