Esa

MarleyMoo

hi I'm new to this and feeling a little bewildered. I have received ESA for the last 3 yrs and have recently had a medical assessment and Dwp have now stopped my money and advised me to sign on to job seekers. I was assessed Aug last year for pip and received both components at the higher rate,this was granted until 2020. I have rheumatoid arthritis which affects nearly every joint in my body, I am on lots of medication and often have to have steroid injections when I have a flare up. My mobility is poor and my daughter comes to my home twice a day to help me. In the report there are things that were never discussed and things that were untrue. I have asked for a mandatory reconsideration ,this is where I am really unsure what I need to do,and what I need to say. Can anyone help me ?

[Deleted User]

Hey MarleyMoo,

You might find this factsheet helpful:

I would advise you to familiarise yourself particularly with Appendices 1 & 3  - they detail the way assessors calculate the number of points you accrue during the work capability assessment, and whether you'll be placed into the Work-related or Support group.    
You can use this knowledge as a framework to make your case.  

I'd also advise you to get some support with the mandatory reconsideration process itself, either from the Citizens' Advice Bureau or from another independent local advice service.  Scope has a service directory you can search - you have to choose 'Information' from the service type drop-down box - then it will show you the nearest Disabled Persons' Organisations that Scope knows of.  Not all of these do benefits advice, but many do.  There really is no substitute for a benefits advisor working on your case; because they do it day-in, day-out, it becomes their bread and butter; and they know what to focus on and how to phrase things.

If you go through Mandatory Reconsideration and you don't get the outcome you're looking for, you can then progress to the second stage which is tribunal appeal - much more complex process and if you haven't already, you definitely need a benefits caseworker!  However at the point you put in your appeal request, your basic rate ESA will be reinstated and I also understand that they will backdate your basic rate to cover the MR period.  So get that MR in promptly! 

hope this helps!

-B x

MarleyMoo

Thanks Beth . 

Debbie_Alumni

Hi MarleyMoo, I'm really sorry to learn that your ESA was stopped following a medical assessment. Thanks bethslade for the great information she provided. Have you gone ahead and requested a Mandatory Reconsideration? Let me know if you need any further help with this. If you can find a local advice service to assist you with your MR and appeal (if you proceed to appeal) this will be really helpful. BethSlade quite rightly states that once you have lodged your formal ESA appeal with the tribunal, the basic rate of ESA must be re-instated until the appeal is heard. There should be no need to sign on for JSA and if you have difficulties getting any of this sorted out, get in touch and we'll help you find some support and guide you through your options. Best wishes Debbie