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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

MR partially successful - no MR notice provided

AndreaM
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Debt team - Citizens Advice Southwark

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Total Posts: 123

Joined: 16 June 2010

One of my clients lodged a MR against ESA outright refusal.  He has now been awarded ESA, but only received a nonsense letter telling him that he is entitled to ESA at the assessment rate (from date of disallowance) and that he will need to continue to submit sicknotes until he is assessed and that he will have to attend WFIs. Decision also says that he can ask for MR (but does not give him appeal rights). He is getting paid at the correct rate, with the WRA component.

I thought that he should be able to proceed directly to appeal stage now, is this correct?

And if appeal is the next stage, should we ask for a proper MR notice with a SOR and gain an extension to the deadline. Or would it be better to submit an appeal within the 1 month time limit, with a copy of the strange decision letter?

The one month deadline will expire before I can see the client.  And ideally, I would like to have a look the reasons for the revised decision, to see if there is any risk that the client will go back to failed WCA if another DM looks at the decision again.  (Recently, I had a SOR where the DM awarded 18 points for 2 descriptors that were neither raised by claimant nor awarded by HCP)

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Just a thought - but just wondering whether the original decision was a disallowance for a failure to attend WCA or return ESA50?

AndreaM
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Debt team - Citizens Advice Southwark

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Total Posts: 123

Joined: 16 June 2010

@ past caring No, it was the usual 0 points score from WCA that led to the disallowance.  Client was not on any component before the disallowance, so the award of the WRA component plus the invitiation to a WFI, which came after the strange letter, seemed to be the result of the MR. Client had started claiming UC following the ESA disallowance, but afaik he had not received any payments.


I think I found the answer to my query here:
http://www.cpag.org.uk/content/mandatory-reconsideration-problems-and-solutions 

So unless something changed since Aug 2014, the client should be able to appeal with the letter received in place of the MR notice, and asking for SOR should buy another 14 days?

[ Edited: 26 Sep 2016 at 04:52 pm by AndreaM ]