You would not be reading this if you were happy with your decision letter. OK, so what do you do when a decision that you do not agree with arrives? I recommend that you call ESA to request a copy of the assessment report, because this is very likely to be where things went wrong. I go through the report with you pretty much line by line, to see what went wrong, what wasn’t said, what the Healthcare Professional misunderstood, what didn’t they include in the report and whether things happened just as they described in the musculoskeletal system section. I do not recommend that you say that the Healthcare Professional lied though.
Remember, if the decision is wrong, I can almost certainly put it right, so do not panic. Challenging the ESA decision is a two-stage process and the first of these is a paper challenge, called a mandatory reconsideration. ‘Mandatory’ because you cannot go around it; you have to go through this stage before you will have the option of an appeal to an independent tribunal.
The time limit for requesting a reconsideration is one month from the date on the decision letter, regardless of how long it took to reach you. Comply with that time limit if you possibly can, and keep a copy of your letter. I send reconsideration requests ‘signed for’, just for peace of mind, and where the time limit is close, ‘next day delivery guaranteed’. Do not give up if you miss the one-month deadline as it is often possible to get a late request accepted. There is an ‘absolute time limit’ of 13 months (the one month, plus an additional 12 months). Talk to me if you have missed even this extended time limit as I may still be able to help.
When I work on a mandatory reconsideration, I make every effort to get the right result, so that the delay, stress and expense of a tribunal appeal can be avoided. I begin by going through the ESA test with you to see where you should have scored points, why you should have scored them and how strong a claim you have for those points. Once we know what it is that we have to prove, I can take you through the assessment report written by the Healthcare Professional at the face-to-face meeting, to see where this went wrong.
I will have agreed sources of evidence to support our view of where you should have scored points, or why you should have qualified for the support group. This could be medical reports or letters that you already have, or that we request. It could be medical notes from your GP surgery, but could also be witness statements taken by us from people who know for themselves how you are affected by your medical conditions.
With the groundwork done, we are in a position to put together the mandatory reconsideration request and the first part of this would explain to the Decision Maker what was wrong with their assessment of you and why they should not give it much weight.
I explain in detail where you should have scored points and why, referring to the PIP legislation, the regulations and the Upper Tribunal case law that supports your case.
I get a great deal of satisfaction in getting the original decision changed at the mandatory reconsideration stage, avoiding the stress, delay and expense of a tribunal appeal and getting arrears of the new award dating back to the date of claim.
“From the moment I spoke to you, you took the anxiety and stress from me. I was still worried about the whole procedure which was affecting my condition. You were so very, very helpful and extremely understanding. I was awarded high Mobility and high daily living. The assessor who came out was a nurse. She was very understanding of my condition and how it affected me. It was a long assessment as I did explain everything in detail. Glenn, you are so very, very good at what you do. Many thanks once again.”
Mrs P of Suffolk 10 July 2019
“We were kept informed of the progress of the claim and the process we followed.
Glenn obviously has good knowledge on the subject and he was to formulate an
accurate statement, and present our case well at the appeal hearing. It is likely that
we will be in touch for help when our renewal form arrives.”
Mr M of Louth
Glenn Brooks is courteous professional and knows his job. I highly recommend him to anyone needing help with PIP. He is cool and calm and after a few minutes speaking to him I was assured that I had made the right decision to ask his help. Most of all you are not forgotten about, as he checks up on how things are, thank you Glenn. And to anyone faced with these forms he is your go to man.
Really professional and expertly researched legal representation. I went from 0 points on ESA to 18 points on appeal and got back in the support group. Highly recommended.
I strongly recommend Using Glen Brooks he is the best you can ever higher using PIP tribunal hearings appeal forms and reconsideration the best Welfare Benefit Solicitor in the whole of UK. I strongly recommend Glen Brooks as the no 1 Welfare Benefit Solicitor.
With many disabilities, my full DLA allowance when changed across to PIP, and following my assessment, was reduced to standard rates, resulting in the loss of my car. Requested for a tribunal, and gobsmacked when the papers arrived, could not believe the ( I worded it inaccuracies) LIES that the assessor had told. Glenn attended the tribunal with me, and I was glad of his experience and reassuring me, if I got really nervous , that he would assist. My PIP was upgraded to enhanced care and mobility. I would certainly recommend that you should not accept any reduction in your benefits and should contact Glenn, I cannot express my gratitude enough.
Do not think of attending a tribunal without this man, he made the whole process so easy for my very stressed, distressed sister, who had her entitlement reduced and her car removed,at the change to PIP, Mr Brooks took the time she needed to calm her and put her at ease with some things that she was very uncomfortable talking about, he did a first class job at very short notice and worked until after 8PM on the evening of her initial interview, we would not hesitate to use his service's again or to recommend him to anyone who needs this kind of help.
Glenn and his team are first class. If you need any help with any benefit he is the number one person to call.
He is excellent at what he does and will always explain to you each step of the process.
Fees are very reasonable for all the work and travel involved.
I have recommended him to people in need of his services.
Even get his help when the first forms drop through your letter box.
What can I say? Glenn has helped my wife with her fight against this injustice winning every time which without him been harder..
I have been dealing with Glenn for many years for help with claiming the right benefit. He helped me a great deal, particularly when the DWP got it very wrong. Glenn was confident and reassuring that I was in the right and we won no problem on appeal. You can be as genuine as possible, with real issues but often it's how those words are put over - this is where Glenn came in. Filled out the same information (mostly) as I did, just worded much better and was successful without any problems. Highly recommend you deal with Glenn if you're worried or have issues. In an ideal world this service should not be needed, but the DWP are ruthless and don't care what your circumstances are.
I would like to thank Glenn Brooks very much for his support and professionalism in dealing with my husbands case. At tribunal Glenn took my husbands ESA case from zero points to support group. Glenn is a very pleasant gentleman. He is very experienced and knowledgeable in his job of supporting and advising on benefit claims. He is clear and to the point and I have no doubt that a genuine claimant will be supported 100% by Glenn. He is very black and white as there is no room for grey areas in these case. I would recommend Glenn to anybody who has a pending appeal or indeed any of the other services he offers. We certainly could not have got through this without his support and very clear understanding. There were no hidden costs everything was very transparent. Professional in every way. Thank you again.
Glenn is absolutely brilliant. I too wish that I had used him to fill the dreaded form in to begin with too! I will definitely be using him in the future if needs be. He was so patient, professional, caring, and a lovely, lovely man. He travelled a long way to deal with my case and was with me every step of the way. His service is not for free, but it is worth every single penny. I don't think I would have got the perfect outcome I did without him. In fact I know I wouldn't have. I highly recommend him him to others.
Thanks so much Glenn.
PIP & ESA Updates
My regular PIP & ESA updates newsletter is sent out to everyone who has signed up and keen to keep up to date on the subject of Personal Independence Payments and Employment and Support Allowances. Expect to see links to my latest articles, case studies, testimonials and of course solid guidance on how to navigate the difficult and sometimes complex field of Disability Claims.