ESA ADVICE PLEASE ?

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Lost

Hi guys to cut long story short I just had Maximus assessment this Wednesday ESA advisor called me and said I did not score enough points they paid me my w weeks payment in Wednesday and told me I would get letter by end of this week I'm assuming tomorrow I will get this letter. He'd said I can ask for
MR ( Mandatory Reconsideration ) 

Small background about me. 2007 I fell off 3 story building I smashed my right ankle to peaces and snapped my left ankle in multiple places now I have pins inside and suffer from severe mobility because of it. Then in 2014 I was in severe RTC ( Road Trafic Colision ) where I was hit hard by large Lorry and I was sandwiched between 2 lorrys I had to go to 2 different hospital and I fractured my back in multiple places. On top of this I suffer from Severe Anxity and Depression. I'm taking around 25+ tablets on daily bases 

I have a letter from doctor which mentions all this I sent this off to DWP and was told I need to attend F2F assessment. I did and to my surprise I was told by ESA advisor I did not score enough points. He said I can ask for MR once I get the letter from them and I would get reply with in 10 days. Last year I had my PIP assessment and I passed, year before that I had my ESA and passed that also infact from 2007 till now I always passed my PIP and ESA.

Here are my questions. ( sorry for long post ) 

1. When asking for MR do many people actually win this as if decision maker already failed you dye to lie on the report from Maximus why would they change their mind now. 

2. When asking for MR what should I include in that letter?

3. If I fail MR I was told I can apeal that decision also and I would get my ESA reinstated till appeal is going on I would like to know if this is true first of all and if it is how much me and my wife would get as joint claim ? Shes my carer. 

4. Is it actually worth appealing MR if I fail to tribunal ? Can I just reapply for ESA instead of wasting time reason I say this I have been  getting chest pains nd it's been getting worse as well as black outs at times which is not on original ESA claim nor this was told to DWP or maximus. Or do you think it's better just to apeal to tribunal first and then if I'm not successful the reapply to ESA. Can people actually reapply for ESA if they fail at MR and tribunal ? 

Sorry for long post  it I really could use your help and advice on this please.

Thank you.
Lost

sleepy1

Hello @Lost and welcome to Scope, I am not an adviser but will try and help.  It seems not many people have their decision changed at the MR stage but in order to go to appeal you have to do the MR and send in a copy of the decision letter with your appeal.  From memory I think once you have registered an appeal you will be paid the ESA appeal rate.  So the sooner that is done you will at least have some payment although it may not be the same as you had previously.

Have you asked DWP for a copy of the report from the Maximus assessor as this will help you with the MR to point out anything you disagree with.  Also ask for the decision makers report which should identify what evidence they have considered and their reasons for stopping your claim.  It may be worth calling and asking to speak to the DM to clarify that they have actually received all the information you provided and tell them about all the other problems since your claim.  You will be told that you will get a call back in the next 24 hours.

Hope some of that helps and if I am wrong someone with more experience will soon correct me.

X Rosie