Mandatory Reconsideration

If you make a new claim it will be paid if 1) 6 months has passed since the original decision or 2) Your condition has worsened meanwhile. In your situation you should be paid as long as you still meet the contributory NI requirements.

As you say, unless you are allocated to the Support Group payment will continue for 365 days only (if you make a new claim using different tax years then you would get a further 365 days). Once payment stops you would get NI credits towards your state retirement pension. You would be subject to periodic reassessments and payment would restart if you were put into the Support Group at any stage in the future, as long as you had not been found 'fit for work' in the meantime.

My concern regards appealing is that a decision will be made based on how you were when you applied not how you are on the day of the tribunal.

Today I received the report done at my face to face interview, I wanted to view this because I scored zero points, unfortunatly this forum and site information was of no use to me because Ifound it after filling in my initial form.

I digress, the face to face report by the accessor was acurate and I was unable to fault it. Which meant that my whole assesment was based on the initial claim form that was submitted six months prior!!

As a self employed handyman I am unable to work due to back problems I was on contribution based claim. Its not worth me appealing due to the length of time it will take. The stupid thing is I saw my consultant today who says I need a lumbar disc replacement and that will require three months off work.

So what do I do know? The way I see it I make a fresh claim in August after six months of no work and no money. But this time I will fill in the form as per information on this site. But I cant see it making a difference because even though I will be having the operation at around the same time, I will still have a pulse, hold my arm above my head and operate a mouse so therefor will be considered fit for work.

Its a mad system.

Hi C,

I have merged tonight's post with your previous topic for continuity.

Your options as already advised are :

Request an MR within one month of the date of the fit for work decision notice letter :

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

In which case the DWP/Tribunal Service will re-look at whether the fit for work decision was correct at that time.

Or, you can make a fresh claim if 6 months or more have elapsed since the date of the adverse fit for work decision.

You can make a fresh claim earlier than the 6 months if you can prove that your condition has deteriorated since the time of the fit for work decision, or that you now suffer from different medical conditions.

You would need a fit note from your G.P. to confirm this, and any other documented proof that your condition has changed or deteriorated.

I would not assume that just because you were found fit for work, that this would be the case again.

We are aware of several members who have gone from 0 points to The SG.

bro58