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Thread: Appealing mandatory reconsideration

  1. #11
    his doctor has given him a 3 month certificate saying he is not fit for work due to his osteo arthritus in the knee and all major joints i.e. his shoulders elbows left thumb and cervical spondylosis of the spine awaiting appointment next month to see how bad his neck shoulders and elbows are also has pain management appointment coming up so will have the needle in the spine i dont mean to moan but i dont think they know what they are doing

  2. #12
    Senior Member
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    The thing is that once an ESA assessment has found him fit for work, the Doctor's certificate (fit note) is not going to change things. Once DWP have made their decision and a mandatory reconsideration has not changed that decision there are only limited options as previously mentioned.

    He can put in an appeal and go to a tribunal, but will have to sign on at the Job Centre in the meantime to claim Job Seekers' Allowance and give them the fit note, telling them he's appealing the ESA decision or, if his condition has worsened (and you have evidence that it is worse now than when he claimed before) he can start a new claim for ESA from scratch.

    If you opt to appeal and go to a tribunal, bear in mind that the tribunal will only consider his case based on the original evidence as supplied for the initial claim - any deterioration in his condition that has occurred since then won't be considered as part of the appeal.

  3. #13
    ok thank you noisynoodle for the advice

  4. #14
    although we are now getting job seekers allowance until our tribunal hearing when we applied online and at the interview they never told us we were entitled to child tax credit for our 17 year old full time student at college can we get this back dated from when we signed on for job seekers allowance thank you

  5. #15
    Hi all got our tribunal date its the 9th march 2015 sent all the paper work to the tribunal do i tell them that when we had mandatory reconsideration failed the decision maker told my husband that he was going to tell the tribunal not to give him the claim can they do that or is he just trying to scare us we have lots of reports that we sent including appointments also a letter stating that his illness makes him house bound and that he is on fentynl patch 25mg per hour which is morphined based can anybody help us as we are getting concerned thank you

  6. #16
    Senior Member
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    decision maker told my husband that he was going to tell the tribunal not to give him the claim can they do that or is he just trying to scare us

    yes they can recommend that the tribunal dismiss the claim.

    if they did you would have seen this request on their tribunal submission, in with your tribunal papers that you received from them.

  7. #17
    Senior Member
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    Quote Originally Posted by slipmaster View Post
    decision maker told my husband that he was going to tell the tribunal not to give him the claim can they do that or is he just trying to scare us

    yes they can recommend that the tribunal dismiss the claim.

    if they did you would have seen this request on their tribunal submission, in with your tribunal papers that you received from them.
    But the Tribunal will still make their own decision based the evidence they have.

  8. #18
    I have just checked and they havent put it in the letters or report to the tribunal i take that is a good thing although the problems he has are still to do with his neck and knees the doctors found out more reason for his pain in his neck shoulders and elbows just been diagnosed with tarlov cysts in C7 which i sent a copy of the reports what tarlov cysts cause problem wise all the paper work thank you

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