when should ESA be paid after positive mandatory reconsideration outcome?

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I failed my assesment due to the assessor twisting my words, taking things out of context and simply lying, but the decision has been overturned after mandatory reconsideration. My problem is I have only recieved ONE of the mandatory reconsideration notices rather than the two they are supposed to send, I don't know wether this will affect getting the payment but my question is when are you supposed to have the benefit reinstated if the decision has been now changed?

Thanks in advance for any help smile

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13 Replies

  • Posted

    Hi Im just wondering what was you turned down for. I was turned down today. I suffer from anxiety and depression
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    • Posted

      It doesn't really matter what the other person was originally turned down for as we're all different. Whether it's physical or mental we are still different. What affects 1 person will most probably affect the next person differently. Please don't compare yourself with someone else.

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    • Posted

      It actually matters a lot to me. Because if one person has/or is going through the same situation as me with regards to mental health and if the person has had a successful appeal for reasons the same as me then it does matter quite a lot because it gives me confidence and others that are going through it some confidence and hope. And where does it suggest I am comparing myself to another? It doesn't!

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    • Posted

      David9482 I suffer from anxiety and depression bu also fibromyalgia, all these things combined mean I suffer differently from one day to the next, some days I can't get out of bed through pain or when the depressions hitting bad then because of that, I'm too anxious at any given time to reliably get myself somewhere by a certain time and I can't go to new places by myself as the anxiety basically won't let me. What had happened was I was asked when my daughter is with me whats the morning routine, I said well school runs I have to aim for much much earlier times as if I don't I'm going to fail - so I AIM to get up at 5.30 get myself ready, get my daughter up and ready and I AIM for us to be out the house by 7.30, and I explained why I AIM for very early. the assesor chose to take that and twist it to "I always get up at 5.30 I sort myself out and my daughter and I are Always out of the house by 7.30. - My point is the lie and they twist things to suit their best outcome i.e booting us all off the thing thats keeping us all alive and going. You HAVE to call up and request a mandatory reconsideration, but they may try to get you to do it all simply over the phone - refuse and say you need to put it all together in writing to be sure that your not missing anything. If you have any support workers or are part of any kind of support organisation then get them involved too. If you don't then you must do what I said, go through all of their reasons and explain why each one is untrue and incorrect, you have to ask for mandatory reconsideration within a month I think it is of your decision, and you have to do this before you can appeal. alot of cases are being sorted at this stage so this really is your best bet for right now.. I'm more than happy to pass on my experiences

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  • Posted

    David9482 I suffer from anxiety and depression bu also fibromyalgia, all these things combined mean I suffer differently from one day to the next, some days I can't get out of bed through pain or when the depressions hitting bad then because of that, I'm too anxious at any given time to reliably get myself somewhere by a certain time and I can't go to new places by myself as the anxiety basically won't let me. What had happened was I was asked when my daughter is with me whats the morning routine, I said well school runs I have to aim for much much earlier times as if I don't I'm going to fail - so I AIM to get up at 5.30 get myself ready, get my daughter up and ready and I AIM for us to be out the house by 7.30, and I explained why I AIM for very early. the assesor chose to take that and twist it to "I always get up at 5.30 I sort myself out and my daughter and I are Always out of the house by 7.30. - My point is the lie and they twist things to suit their best outcome i.e booting us all off the thing thats keeping us all alive and going. You HAVE to call up and request a mandatory reconsideration, but they may try to get you to do it all simply over the phone - refuse and say you need to put it all together in writing to be sure that your not missing anything. If you have any support workers or are part of any kind of support organisation then get them involved too. If you don't then you must do what I said, go through all of their reasons and explain why each one is untrue and incorrect, you have to ask for mandatory reconsideration within a month I think it is of your decision, and you have to do this before you can appeal. alot of cases are being sorted at this stage so this really is your best bet for right now.. I'm more than happy to pass on my experiences

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    • Posted

      Thank you for all your information I really appreciate it. I am going to do everything that you have said. I'm just wondering if my decision is overturned would the payment be backdated from may. That was the 13 weeks after I filled the original form in. Thanks again.

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    • Posted

      No worries at all, honestly I'm more than happy to help, I didn't know about this place while I was going through this XP If it is successful and they change their decision and decide you do qualify, then its my understanding that they must backdate it to the date that they stopped it; ie by the end of it all the money we missed out on we should be getting back. Although we are talking about DWP and they do love to make this difficult and unfair... I've read they will backdate to the date you appealed - but were talking about way before the appeal proccess and so from all I've been advised by support organisations etc if its successful you should be getting it backdated to the date when they stated your no longer eligable. When did you get your decision was that yesterday?

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    • Posted

      Yes I got my decision yesterday they originally told me if I was to get a decision that my backdated pay would go from may
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    • Posted

      if they tell you that it won't go from may tell them that one of their own advised you that that would be the case, I thought it would only be backdated to the date that they stopped your payments, did they stop them back in may? If you haven't already then call to request that mandatory consideration

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    • Posted

      If you were on the assessment rate before you got your decision, then if the MR is successful you'll be paid back dated money from week 14 of your claim. Not from when they stopped your payments.

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