Mandatory Reconsideration for ESA.

hi ,my letter came out of the blue ,they transfered me from ib to esa towragg group with limitations for work ,when i queried this as i hadnt filled in any forms ,and that i felt i should be in the support group i was told by dwp that they would call me back,and would do a recosideration form ,my husband and daughter sent in letters explaing my health issues . dwp called back and asked if id had my medical report back ,i said no and they replied theyd send it out to me ,which they did two days later.......the report they used was from 2009 ,now my health has got increasingly worse in the last five years ,so man from dwp took info off me and told me if i dont hear anything in fourteen days to call them again .job centre has agreed to interview me over the phone as my health issues stop me getting there .so fingers crossed ,for support group x i thought that the medical they went off had to be recent ..not from 5 years ago x

dollydaydream wrote: hi ,my letter came out of the blue ,they transfered me from ib to esa towragg group with limitations for work ,when i queried this as i hadnt filled in any forms ,and that i felt i should be in the support group i was told by dwp that they would call me back,and would do a recosideration form ,my husband and daughter sent in letters explaing my health issues . dwp called back and asked if id had my medical report back ,i said no and they replied theyd send it out to me ,which they did two days later.......the report they used was from 2009 ,now my health has got increasingly worse in the last five years ,so man from dwp took info off me and told me if i dont hear anything in fourteen days to call them again .job centre has agreed to interview me over the phone as my health issues stop me getting there .so fingers crossed ,for support group x i thought that the medical they went off had to be recent ..not from 5 years ago x

Hi ddd,

Welcome to Benefits and Work

I have given your post its own topic to avoid confusion, so you can reply to this one if you have further queries.

From what you are saying, this is not the usual operating procedure.

You first should have received a letter (Conversion Notice) from the DWP, informing you that you were about to be transferred over from IB to ESA.

You may or may not receive a phone call a week or so after this to see whether you had any queries. (this phone call is not important)

Two to three weeks after the Conversion Notice letter you should then receive an ESA50 Questionnaire from ATOS. This questionnaire would have a deadline date to return it to ATOS. Any fresh medical evidence that you have should have been sent with the ESA50. (copies)

Once ATOS receive this, they make recommendations, these can be made with or without the need of a face to face assessment.

These recommendations are then returned to The DWP ESA Decision Maker who makes the final decision on whether you qualify for ESA, and if you do, in which group. (WRAG or Support Group. SG)

If I am reading you correctly, you have not gone through any of the above, and have simply received a letter saying that you have been transferred over to ESA and placed into The WRAG ?

This would be highly irregular, and "Yes" they should not be using evidence to make their decision which is circa 5 years old.

The information from the following links may help :

IB, IS, SDA, Migration to ESA FAQ’s

ESA FAQ’s

ESA Claims Guides

If I have misinterpreted the situation, please respond to this topic.

bro58

Hi ddd,

I am assuming that you are a "new" dollydaydream, as we have another member with that pseudonym, only they spell their's with capitals : "DollyDayDream".

www.benefitsandwork.co.uk/forum?view=top...d=10&id=99509#112003

You could change your username quite easily if you wish to by following the instructions on this FAQ:

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

bro58

hi , no i had no forms only form was for my dla being transfered over to pip so had to make new claim ,the letter i had off dwp was just stating that i was being transfered from ib to esa .,they have sent a medical note stating that the report is from 2009 .i have been in contact with job centre plus who have kindly said they would give me a phone interview due to my health and mobility problems ,now waiting for the outcome of the reconsideration . how can you go off a medical report thats 5 yrs old ,my health was different then .the mind boggles .

well i was on here last year ,but im in low case letters .ty

From my own personal experience and this may or may not apply to your situation is that when you are claiming that your health has got worse you need to be specific as to what it is that is worse,what has and is being done about it and by whom. Also a letter of support from your GP/Consultant stating their views regarding your present condition and their opinion as to how it affects your ability to now work. (This also carries a lot of weight if you have to go to appeal) Keep a detailed record of everything that is happening as regards your claim /time/dates/letters/conversations/events also keep a diary of how your condition affects you on a daily basis. Always ask for everything to be confirmed in writing and do as little as possible by phone and as much as possible by letter. If records more recent than 2009 were available then these should also have been considered by the decision maker. Good luck and i hope this all goes well for you.