Mandatory reviews for esa.

Ian

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Reconsiderations do result in the original Decision being overturned, unfortunately we have not seen any statistics in this area since the Mandatory Reconsideration process was put in place at the end of last October, so we cannot give any indications as to number but I would be surprised if it was more than 5%.

The approach you should take to an MR is in part dependant on what you are appealing and whether you have any additional evidence available.

If you are appealing a Fit for Work Decision then the primary thing you have to consider is your income as ESA is not payable during the MR phase, only when an appeal has been lodged. Sending in additional evidence or a submission can extend the MR process time, potentially by four weeks.

The Burden of Proof lies with the claimant when they challenge a Decision, so it is entirely down to you to supply any further information and evidence, if they have not done so already the DWP will not contact your GP or anybody else about your conditions.

I would recommend that you have a look at our ESA MR & Appeals guide and if you have any further questions, reply to this post and we will do our best to help you.

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon

Ian wrote: Thanks Gordon! Ive sent my mandatory review letter off, and ive done so following your guidelines. Could you please tell me if it is normal practice for the DWP to follow this up by a phone call, asking me what I disagree with, or they want further evidence, or do they sometimes disregard your review and send out a appeal form without the above considerations.

Regards Ian.

They should contact the claimant before doing the MR, again we have no additional information to confirm whether this is being done in all cases, also, if they cannot contact the claimant for any reason (I think they try three times), they will continue with the MR.

Once the MR is complete and your receive the Decision Letter you can make an appeal, there should be two copies of the MR Notice included, one is for the Tribunal Service when you appeal and the other is for your own records.

Gordon

Ian wrote: Thanks Gordon!
When they contact you, do they just ask you what descriptors, you are contesting, or do they ask you for further evidence as we'll? Do you think I should prepare, for the call, and if so, what would you advise? Im sorry about the questions, but this whole process, and the way they come to their conclusion, makes me angry and depressed.

Regards Ian.

Yes, they will ask you why you think you qualify so it is well worth writing down a short list of points that you want to make to the DM, you should reference the Descriptors wherever possible and be prepared to explain why you meet them.

They will ask about additional evidence, it would not be surprising for you to have nothing at this stage as you have probably submitted everything you have with the ESA50, but if you do they will allow you four weeks to send it in to them.

Gordon