Esa straight to appeal

Sofialyndsey1
Sofialyndsey1 Online Community Member Posts: 9 Listener
in Employment and Support Allowance (ESA)

Hi everyone.

Alittle advice please. I was awarded 0 points for esa as my assessor said I was able to use a manual wheelchair if I had one( I cant bend or lift heavy objects due to arthrosis of lumber spine) so how can I lift a wheelchair in and out a car.. anyway since I was awarded 0 points she said on the phone she was closing my case and I had 30 days if I wanted to appeal

Ive since rang dwp back twice as job centre told my I had to have a mandatory reconsideration 1st but dwp disagree and said no I'm unable to have a mandatory reconsideration and it would go straight to appeal.

Can anyone please help me out here, ive filled the appeal in online but why was I not offered mandatory reconsideration and why has my claim been closed already. If I'm going through appeal I'll still be paid assessment rate surely?

Just Alittle advice would be helpful

Thank you so much

Comments

  • Mary_Scope
    Mary_Scope Posts: 2,239 Scope Online Community Children and Family Specialists

    Hi @Sofialyndsey1

    It sounds like DWP gave you the wrong info but it sounds like you have the right thing by starting your appeal online instead.

    You can still send in your mandatory reconsideration request in writing and keep sending fit notes so you can be paid the assessment rate while your appeal is looked at!

  • Sofialyndsey1
    Sofialyndsey1 Online Community Member Posts: 9 Listener

    Thank you..can anyone confirm that you can go straight to appeal? I would hate for it to disregarded if i should of put in for mandatory reconsideration

    Thank you

  • Passerby
    Passerby Posts: 800 Championing
    https://forum.scope.org.uk/discussion/comment/1044111#Comment_1044111

    You can bypass the mandatory reconsideration stage and appeal directly to a tribunal if:

    • It's your first time claiming ESA and you were refused an award. 
    • You previously received ESA, but the latest decision finds you don't have limited capability for work, and you want to challenge that. 
  • Sofialyndsey1
    Sofialyndsey1 Online Community Member Posts: 9 Listener

    Can anyone tell me if I'm still entitled to assessment rate when I'm in appeal? As dwp stopped it but once they here from the appeal centre does it automatically be paid again as I have a fit note in place until end of September

    Thank you

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