esa and mr

Jon (CHDCA) - 14 September 2020 11:12 AM

This looks to be potentially a confusing process for those on NS-ESA topped up with UC. Where both a UC WCA and an ESA WCA decision have been issued, any thoughts on whether a UC MR request is strictly necessary, or can we just rely on UC revising in line with the ESA appeal outcome?

Are you referring to the situation in Example 3?
I would do as the ADM suggests, and submit both an MR to UC and appeal for ESA. Bad experience “relying” on UC doing anything beneficial to claimants.

Just to check my own understanding: In Example 2, Jason could be paid pending appeal if he appealed the first determination (4.12.2019) that he didn’t have LCW, rather than the second?

Apologies for the sidebar and maybe I just watch too much TV (or specifically Netflix in this case) but was it just me that spotted that the person who wrote the examples must be a fan of The Good Place because those three names appearing together is surely too much of a coincidence for it to be anything else other than a reference!

thanks for that
assuming the reference to the 365 day limit is just referring to CBESA and NSESA
and that IRESA claimants just carries on indefinitely until outcome of tribunal?

when do we think this will start? when will online SSCS1 be amended?

cheers all

Why do none of the examples say that Michael has been found fit for work following a wca decision on his i-rESA claim (having previously passed the test) and now he is no longer between the rock and the hard place of going without his income whilst waiting for the mr decision so he can appeal and be paid his ESA pending appeal or having to claim UC.  Instead he can just skip the mr, appeal the esa decision and be paid whilst the dwp look at his esa decision again and if not revised in his favour his appeal continues to the appeal hearing whilst he still gets his esa throughout until the appeal decision?

Hello, just wondering what experiences people have had of clients going straight to appeal rather than MR for ESA WCA challenges? Had a client yesterday who read out his decision letter with same directions to request an MR if he wanted to challenge a decision. He has requested an MR by post which could take forever.

CA Adviser - 03 February 2021 09:37 AM

Hello, just wondering what experiences people have had of clients going straight to appeal rather than MR for ESA WCA challenges? Had a client yesterday who read out his decision letter with same directions to request an MR if he wanted to challenge a decision. He has requested an MR by post which could take forever.

That’s a concern. If you start an ESA appeal on line it asks have you got an MRN. If you say no you then get a screen saying
“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.
Yes, I’ve contacted DWP about the decision or DWP have said I don’t need a Mandatory Reconsideration Notice
No, I haven’t contacted DWP about the decision”

Click no and you then get

“Contact DWP before you appeal
You can only appeal after you’ve asked DWP to reconsider their decision. This is known as requesting ‘mandatory reconsideration’.”

Doesn’t seem to be any way of saying you haven’t got an MRN and wish to appeal without an MR because that’s what the courts have decided you should be able to do. Therefore we need the DWP to be correctly stating that an MR is not needed.

I’ll send this issue up via the stakeholder forum…

DWP have replied and said ESA65PPA is the letter that should be going out to people who are turned down for ESA - on page 4 -

If you disagree with this decision you can appeal to the First Tier Tribunal. You do not need to request a Mandatory Reconsideration of this decision first. There is more information about how to appeal later in this letter.

If you do appeal this decision, we may be able to pay you ESA at the assessment rate if you send us fit notes from your doctor. Once we receive notification from the tribunal that you have submitted an appeal, we will pay you from the date of your fit note.This will be paid until either your appeal is decided or your eligibility for ESA at the assessment rate stops, whichever is the earliest.

They add that ‘submit your appeal’ of course lies with HMCTS although they say -

So when submitting an appeal, in answer to the question: Have you contacted DWP and asked them to reconsider their decision?  The answer is Yes, I’ve contacted DWP about the decision or DWP have said I don’t need a Mandatory Reconsideration Notice