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New stock excuse for not revising?
The reason for mandatory reconsideration is supposed to be to encourage new evidence to be presented at an early stage, as I understand it.
So I was a little surprised to be informed by the DWP this morning, in response to an ESA revision request including considerable new evidence (relating to a condition present at the date of decision but not disclosed by the client - and this having been clearly explained). Not revised because this:-
“...was not cited as health condition on the previous ESA50 nor at the medical assessment. This illness has therefore not been assessed. As such Mr ... is entitles to make a new claim for ESA using this incapacity. This further information would no affect the original decision.” [sic]
I also had another refusal last week relating to new evidence of the same condition, which was refused because he “has not cited any new health condition or shown any deterioration”. Is MR just going to be a huge trolling exercise?
I agree Tony. Its bad enough when they are giving ESA WCA decisions over the phone and telling people “we are closing your ESA claim as youve failed medical, so you now must claim JSA : here is the new claims number….....”
No mention of appeals or anything. Ive had loads like this
Dirty tricks abound
I read through supplementary submission recently where the DM wrote:
“Mr C advises that he suffers from X. This was not disclosed at the assessment. Mr C would be entitled to make a new claim to ESA which would be assessed on his new medical circumstances.”
Only the diagnosis of X was in fact reported in relevant pages of ESA50 and in the med3 certs. DM is somewhat correct however - it was completely absent from ESA85 ...
But, see here.