Mandatory Review

the DWP misleading claiment's.

I had the dreaded ETOS meeting a few weeks ago then recieved a call followed by a letter telling my I had been placed in EAS WRAG, i have 3 ruptured discs in my back with another one bulging which is expected to rupture at a later date which cause me serious pain often causing me to stay in bed, despite having this condition for nearly 20 years the DWP told me they feel that within 1 months i will be able to take up a full time job again?

I rang the DWP's to ask for a mandatory review and was told if I asked for a mandatory review I would loose all my benefits (EAS, Housing benefits) i tried ringing welfare rights but Rochdales has closed and i was on hold altogether for 3 hours trying to get help from the CAB without getting through so i resigned myself to not being able to appeal as i couldn't risk loosing our house due to HB stopping.

i joined this site this morning and found info saying i would still receive my EAS wrag payments whilst the review was going on.

so armed with this info i rang DWP's again this morning explained i'd taken advice and low and behold a change of information i was told i can ask for a mandatory review and that my payments will not stop whilst it is being looked at again.

do they not think it's hard enough for the genuine claiments without deliberately misleading them when they ring for help

sorry should of read within 12 months they think i will be fit to work

Hi,

Welcome to Benefits and Work

If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ :

My full name is showing, how can I stop it?

The original information that you were given over the phone was indeed incorrect, and you will still receive your WRAG Rate of ESA whilst going through the Mandatory Reconsideration (MR)/Appeal Process.

A request for an MR must be made within one month of the date of the WRAG decision notice letter.

This request can be made over the phone, but it may be best to back this up with a written request.

Sending Documents to the DWP or ATOS

You can have a browse through our MR FAQ's :

Mandatory Reconsiderations Explained

There is also an ESA Appeals Guide entitled "Employment and Support Allowance mandatory reconsiderations and appeals.

40 page guide to mandaory reconsiderations and appeals for ESA, for decisions made on or after 28 October 2013."

On this page :

ESA Claims Guides

In particular, see : Qualifying for the Support Group

From our : ESA FAQ’s

The links below may also be informative :

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

MOJ Video of ESA Appeals Process and Tribunal

If you are in receipt of Contribution Based (CB) ESA only, in The WRAG, this may be applicable to you :

12 Month Limit for ESA(CB)

If you have further queries, you can pose them by hitting "Reply Topic" at the bottom of this post.

A lot to take in, I know, so you may wish to Bookmark/Favourite this page in your internet browser so that you can return to it easily.

bro58

thanks bro58

until i joined the site this morning i was at a loss as to what to do.

i understand they need to make checks but to deliberately mislead is out of order.

thanks for all the links

i asked for a mandatory review on the grounds of descrimanators 1.1 and 1.2 as walking even around the house short distances leaves me in agony, doctors contacting me tomorrow regarding a support letter so fingers are now crossed but from what ive read think it will have to escalate to a full appeal.

my screen name should now be changed thanks.

mw wrote: thanks bro58

until i joined the site this morning i was at a loss as to what to do.

i understand they need to make checks but to deliberately mislead is out of order.

thanks for all the links

i asked for a mandatory review on the grounds of descrimanators 1.1 and 1.2 as walking even around the house short distances leaves me in agony, doctors contacting me tomorrow regarding a support letter so fingers are now crossed but from what ive read think it will have to escalate to a full appeal.

my screen name should now be changed thanks.

No problem mw,

I'm glad that you have found B&W helpful.

I note that you are trying to qualify for The SG under Acivity 1, Mobilising.

"Activity :

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.

Desciptor :

1 Cannot either:

(a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion."

From :

SG (LCWRA)Schedule 3 Descriptors

As you will see, it is not only a "walking test", it also takes into account whether or not you could self propel a manual wheelchair unaided, even if you have never used one or been advised to use one.

This is covered in the qualifying for SG link that I have previously provided, and in our guide entitled :

"Employment and Support Allowance claims on physical health grounds: a guide to the work capability assessment.

This is a fully comprehensive guide to the assessment procedure for the work-related activity group and the support group on physical grounds."

On this page :

ESA Claims Guides

Therefore, any letter of support from your G.P. should ideally reiterate the limitations that you suffer as a result of your medical conditions, and how these limitations would qualify you for Activity 1 as above.(or any other relevant SG Descriptors)

Remember, as you have been placed into The WRAG you have already been assessed as having Limited Capability for Work. (LCW) (Unfit for work) so words confirming that will not help you get into The SG.

To gain entry to the SG, you must also be assessed as having Limited Capability for Work Related Activity. (LCWRA) (Unfit for work related activity)

I hope this helps.

bro58

had a call a few days ago from a decision maker (unofficial ???) who advised that I wouldn't win if I did have a mandatory appeal and so did I really want to go ahead?

I told him I did so he asked if he could clarify a few things on the form the atos person had sent them he asked me several questions regarding sitting standing etc as she had contradicted herself in 2 areas.

I then asked if he could send me a copy of the report as my 2 previous requests had been ignored.

so I got my report today.

in it she states I can walk up and down stairs unaided and that I can also wash and dress unaided? which is interesting as she never asked me those questions.

she also states ~ I can clasp my hands behind my head, I did try this at the assessment but couldn't get my hands up to my head?.

she also states @ I can get in and out of the bath unaided yet several times she was told I cant get into the bath and have a seat which fits across the bath which I sit of to get washed (I do upper areas I acan do wife does back. legs etc)

there are a few other things as well she states I had difficulty walking the 27mtrs into the room from the waiting area but then states I would have no problem walking 100mtrs repeatedly

im very unhappy with the report shes done as at best its miss judgement on her part at worst out and out lies (ie: the walking up stairs comments)

im waiting for the DM to ring me now so I can raise these points with them whilst the do my mandatory review and im waiting to see my doctor regarding the report (my doctors already doing me a letter to confirm I have walking difficulties and that a work placement would cause me a lot of distress and pain.

any pointers on the above will be greatly welcome.

do I ask for another assessment as the person who did the first one has [phrase removed] made her own assumptions?

im really annoyed and very stressed now as the decision made by the DM was on false information.