Fibromyalgia and dwp esa

Fosters
Fosters Community member Posts: 2 Listener
edited November 2016 in Benefits and income
Hi is there anyone that could help me with what I should do when my esa is stopped 

Comments

  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Trailblazing

    Hi

    I am sorry to hear that your ESA has stopped.

    We need to know why your ESA stopped.  If you have not received a decision letter telling you why benefit has stopped it is worth contacting ESA on 0345 608 8545.  You will need your National Insurance number as a reference when contacting ESA.

    If you have received a decision letter you can 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.

     If ESA has been refused because you have failed a Limited Capaility for Work assessment (LCWA) put down what difficulties you have 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.

     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 may be able to 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