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Appealing an ESA decision
Good morning,
I just wanted to let people know about the difficulties I have been having logging an appeal for New style/CB ESA.
I have a client who disputes the decision to not award ESA at all based on the WCA.
I helped him complete a mandatory reconsideration letter as showed me the decision letter he received. He received a call from the DWP stating that he needed to appeal to first tier tribunal, not do an MR. The letter did not say Mandatory Reconsideration Notice as it used to. However, tucked away on the 2nd or 3rd page is information stating that you need to apply to the courts to appeal if you disagreed with the decision. I didn’t check this as I just presumed it was the first decision letter based on the front page. My client advised me that was told by the adviser that he needed to ‘fiddle’ the online appeal form and when they ask for a ‘reference number’ for the MRN just make it up as it isn’t on the letter anymore. When I looked at the online appeal form it was not a ref number that was needed, it was the first line of the address of the DWP office that the letter was sent from. His letter stated Stockton and of course, there was no option for Stockton or to even input manually. The client insisted on carrying on with the appeal form by just putting any address in as that is what he had been told to do. It’s causing alarm bells in my head as the courts could either say ‘no you haven’t received an MRN’ or send the information to the wrong DWP office and hold it up.
No real question other than just letting you know my experience. If anyone else has experienced this it would be great if you let me know and what happened etc. It seems that as managed migration continues and you’re still allowed to claim New style or CB ESA, the legacy benefits have been left without an effective system to navigate the claim to an appeal.
Some of you may have already realised this was happening but it’s been a good while since I’ve done and ESA appeal like this.
Thanks!
Due to the changes from the Connor case, the decision letter is probably correct that he can choose to go straight to appeal here. DWP should still carry out a recon if asked though!
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/high-court-rules-that-mandatory-reconsideration-requirement-as-it-applies-to-esa-claimants-who-meet-the-conditions-for-payment-while-appeal-pending-is-unlawful
Eg see para U7021 of the ADM:
https://assets.publishing.service.gov.uk/media/62bec8378fa8f519ba3f7ca4/admu7.pdf
Due to the changes from the Connor case, the decision letter is probably correct that he can choose to go straight to appeal here. DWP should still carry out a recon if asked though!
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/high-court-rules-that-mandatory-reconsideration-requirement-as-it-applies-to-esa-claimants-who-meet-the-conditions-for-payment-while-appeal-pending-is-unlawfulEg see para U7021 of the ADM:
https://assets.publishing.service.gov.uk/media/62bec8378fa8f519ba3f7ca4/admu7.pdf
Thanks for this. I’m quite glad that they can skip that part. What concerns me is the confusing way to fill in the online form. I still don’t know what they repercussions of filling n the form incorrectly are yet but I’m sure I’ll find out soon enough! Thanks again for responding.
Just had a quick go at the online appeal form.
If you select the option “No I don’t have an MR notice” the next screen asks if you have contacted the DWP to ask for a reconsideration. The guidance text on the screen states “You can still appeal if you have contacted DWP about their benefit decision but you don’t have the MRN letter, for example, because you lost it or the DWP have said you do not need one.”. The first of the options includes the situation whereby the DWP have said you don’t need an MRN.
That takes you to the next screen which asks why you don’t have an MRN. This is where you would refer to the decision letter and what it says about needing to appeal to a tribunal to challenge it. Probably worth being specific about the exact date of the decision letter and also it’s exact wording. Maybe also make reference to what JonUCN posted above.
That will allow you to proceed with the appeal. The first thing the Tribunal Service will do on receipt will be to double check whether it is correct that an MRN is not required.
Just had a quick go at the online appeal form.
If you select the option “No I don’t have an MR notice” the next screen asks if you have contacted the DWP to ask for a reconsideration. The guidance text on the screen states “You can still appeal if you have contacted DWP about their benefit decision but you don’t have the MRN letter, for example, because you lost it or the DWP have said you do not need one.”. The first of the options includes the situation whereby the DWP have said you don’t need an MRN.
That takes you to the next screen which asks why you don’t have an MRN. This is where you would refer to the decision letter and what it says about needing to appeal to a tribunal to challenge it. Probably worth being specific about the exact date of the decision letter and also it’s exact wording. Maybe also make reference to what JonUCN posted above.
That will allow you to proceed with the appeal. The first thing the Tribunal Service will do on receipt will be to double check whether it is correct that an MRN is not required.
Oh brilliant, thanks so much for that. The adviser didn’t give any of this information to the client and this is the much better option!