Mandatory Reconsideration

Hello

I need help or advice! Brief history, six months ago I applied for ESA contribution based, filled in the form as honestly as possible. Six months later I had my assesment interview and scored no points, mostly based on the questionaire six months earlier but during that time my condition had got worse.

The report states that I said I could walk 200 meters and I said no such thing, six months earlier I could, It also stated that I sat for 20 mins with no sign of pain again not true, there was no mention of the fact that I was booked in at the hospital the following day for a steroid epidural.

I had a microdisectomy over a year ago due to a disc damage and its now scar tissue causing me problems and nerve damage. My doctor tells me not to work as any bending walking etc makesit worse, I take pain killers which say dont operate machinery so how can I be fit to work?

I phoned to find how to appeal and was told it would be a mandatory reconsideration and paperwork would be sent out, this was a week ago and nothing. Does this mean that I can only appeal if they think I can? What do I do to make them see that they can't use information six months ago relevant to today. I may aswell not have gone for the face to face interviewas he made up or twisted what I said!!

The decision has to be made based on how you were when you applied. So in this case it may be better for you to make a fresh claim. Alternatively you can pursue the reconsideration informing them of and giving medical evidence of the deterioration of your condition. If they make a decision based on this new evidence it cannot be backdated to when you originally applied.

A reconsideration now has to be done before appeal. However you can still appeal if the decision is not changed by the DWP. Unfortunately however you will not receive any monies until the reconsideration is done. If you lodge an appeal you can receive payments by sending in a new sick note.

I am afraid a week is not a long time in DWP terms! You can find further info in the new ESA appeals guide and the ESA appeals FAQs.

Hi Chris and welcome to the forum. On the assumption that you are also new to the site the following FAQ might be helpful.

Welcome to Benefits and Work

Since late last year a claimant must now undergo a Mandatory Reconsideration before being allowed to submit an appeal. You can phone and ask for this but should also follow up with a written request. You should make sure that the words 'Mandatory Reconsidearation' are used. If the MR is not in your favour you can then make a formal appeal.

Mandatory reconsideration FAQs

I'm afraid that you will not be paid whilst the MR is being carried out. If you cannot afford to be without benefit during this time you can make a claim for JSA without prejudicing the ESA claim. Payment of the assessment rate will recommence once a formal appeal has been lodged.

In order to be awarded ESA you must show which of the relevant descriptors you meet and why. Any evidence you are able to supply to back this up will be helpful.

Qualifying for the WRAG

Qualifying for the Support Group

Our ESA guides might help too

ESA claims and appeals

Please come back to this topic if/when you have more questions. You will find it easily in future if you make it a favourite, or bookmark it, on your web browser now

Thank you, I am self employed and really did not expect to be on ESA for long, when I initially filled in the form I was a lot better than I am now. As my condition got worse I had an MRI scan that showed the problem was scar tissue from the operation I had, it was my consultant who then arranged a steroid epidural. All this has happened in the six months prior to my face to face. But everything appears based on the original form.

I will have a good read of the links you provided, it looks like I will be wasting my time as it looks like I can only claim for a year as contribution basedand and qualify for any other benefit due to savings etc. Its a complicated business !!

Puccalove wrote: The decision has to be made based on how you were when you applied. So in this case it may be better for you to make a fresh claim. Alternatively you can pursue the reconsideration informing them of and giving medical evidence of the deterioration of your condition. If they make a decision based on this new evidence it cannot be backdated to when you originally applied.

A reconsideration now has to be done before appeal. However you can still appeal if the decision is not changed by the DWP. Unfortunately however you will not receive any monies until the reconsideration is done. If you lodge an appeal you can receive payments by sending in a new sick note.

I am afraid a week is not a long time in DWP terms! You can find further info in the new ESA appeals guide and the ESA appeals FAQs.

How do I make a fresh claim? I thought I had to wait six months. I am still being signed off by my Doctor.

You would have to wait six months. But this is also how long it is likely to take for an appeal, possibly longer. You could claim job seekers whilst waiting to re-apply