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Hi, my name is Fosters!

FostersFosters Member Posts: 2
Hi my name jay  I suffer  with fibromyalgia  and other health  issues  I had a work  capability  Assessment  . They gave  me 6 points I have to have at lease 15  . I not sure what I have to read  to get mandatory  reconsideration  appeal is there anyone how can advise  me what I should do please .

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi Jay

    I am sorry to hear about the problems you are facing with ESA.

    In answer to your query on how to request a mandatory reconsideration, your request must be made within 1 month of the date of the ESA decision.  For example, if you received the ESA decision on 26 October 2016 you must make the request by 29 November 2016. 

     It is best to put the request in writing stating that you want to ‘lodge a mandatory reconsideration against the decision dated  ??? that stopped your ESA.'  Give brief reasons to why you disagree with the decision e.g. pain in my joints mean that I cannot walk, stand or sit for long.  If you have any medical evidence e.g. hospital letters that support your case then attach these to your request.  The address to send your mandatory reconsideration letter will be the ESA postal address on your decision letter.

     It is worth noting that even if you do not get 15 points you can still be awarded ESA, for example if you are still recovering from treatment at hospital or there would be a substantial risk to your health if you had to return to work.  If this is the case please ensure that you put this in your letter and explain how your health would substantially be affected e.g. you would end up in hospital. If you have any medical evidence to back this up, attach this to your letter.

     Someone from ESA may contact you once they receive your mandatory reconsideration request.  They will want to explain how they reached their decision, and discus why you disagree with the decision.  If you are still unhappy with the decision please make sure that you tell ESA that you want to continue with your mandatory reconsideration request.

     Whilst your mandatory reconsideration is being considered you can claim for example JSA, Housing Benefit and Council tax Reduction.

     If the mandatory reconsideration decision does not change the decision then the next stage is to lodge an appeal. Your appeal needs to be lodged with the tribunal service within 1 month of the date of the ESA mandatory reconsideration decision.  But, hopefully you will not need to lodge an appeal.

     Good luck

    Maria

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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