Mandatory reconsideration for esa

2379ant

Hi, I've been on the support group ESA for just over a year. I then got an appointment to go for an assessment. I went for this only to be told that the appointment was cancelled as I had to see a doctor who knew about mental health. As well as being in the support group I also received  severe disablement allowance and pip. I went to the second appointment and all the way through it i was very anxious and distressed and felt that the doctor showed no empathy whatsoever. This was in November and then on the 12th of this month I got a phone call to say I was fit for work and no longer eligible for the benefits I have been claiming and now have to claim jobseekers. IME devastated to say the least. I have since asked for the doctors report and find that they have lied about quite a few things. What can I do about this?

debkenzo

Hello 2379ant
Mu name is Debbie.  I am very sad to hear about your situation and can thoroughly understand what you are going through.  I am currently experiencing similar situation.  It does not surprise me that you say they have lied about things in your medical assessment report.  I am shocked that this is still happening!!  My medical report was also full of lies, inaccuracies and contradictions.  The 'animal' who assessed me will be reported when i find the strength.  Have you requested a Mandatory Reconsideration?  Do this within the timescale which is 28 days.  The letter the DWP send to you should offer you this option.  Please do not allow these monsters to win!  You must fight back with everything you have. The system is set up so that we 'give in' at the first hurdle.  This is what the government want us to do but you must not give up.  If your Mandatory Reconsideration fails (do not be surprised if it does fail) THEN, you have the option to request for a tribunal hearing which is the stage I am at right now. Just awaiting a date.  Approximately 64% of tribunal cases do win!!  If the DWP have stopped your benefits, send them a Sick Note and hopefully they will pay you at the basic rate of ESA.  Keep more than one copy of every document you receive,  you may need them for the future.  You will be in shock right now but believe me, if you can find the strength from within, then fight for what benefit you are justifiably entitled to.  You are not alone in this, thousands upon thousands of people are going through similar situation.  Keep on this forum for you will find more help and support.
I wish you well and keep strong as best you can.
Debbie

tomm

 Yes, 1st step is to request a Mandatory reconsideration (MR)  you can submitt any new clinical evidence, along with why you want them to look at their decision again, though  submitting further evidence can delay the MR process a little,
 as said  don't expect to have the current decision changed  at this point, as they had a target to reject 80% of MR's 
If they  do Reject  your request to change their decision  they will send you  two copies of the same letter that explains this ,only once you have this   MR decision notice  can you then start the appeals process with the Tribunal service
 you wont be paid ESA until the tribunal service has recieved and accepted  your appeal application using the SSCS1 form, and they have informed the DWP
you have lodged an appeal,  and you will also need a fit note from your GP
that covers you from the date of the decision , You can claim JSA in the meantime, and you should be able to negociate less stringent  commitment
And you should be able to  make use of the  Extended period of sickness  EPS
 but the JSA has to be in payment  before you go that route

The PIP will remain unaffected  and it is not connected to ESA ,

2379ant

Thankyou Deb and tomm for the support you have shown me, I really appreciate the time you have taken to reply to my comments. This morning I am going to go to the citizens advice to see if they can help me to draft a letter for the mandatory reconsideration. My doctor is also going to write a letter so let's see iff this helps my case.
I will keep you informed of my outcome

debkenzo

Hello 2379ant
We will be thinking of you.  There is so much support on this sight, any time you feel to talk about things, we will be here.  The CAB were truly amazing, I could not have gotten this far without their help.  Get as much extra evidence as you can from any supporting organisations that you can, especially your doctor, specialists, anyone who is involved in your care and situation.  Keep extra copies of everything!!  This will be a long drawn out process but you must not give up.  Do Not Allow this system to beat you.  It is set up and designed to make us feel weak and to give up.  This is what the government want but we must all remain as strong as we possibly can. 
I wish you all the very best
Debbie

2379ant

Thankyou so much for your support Debbie, I went to cab this morning and they say they can't help me write to mandatory reconsideration anymore because they now don't have the funding. The lady gave me some paperwork about what I can do myself and a template of a letter I can write myself. She also said to go to my local ucan centre as they now help with this. I went there and was told I would have to make an appointment which they are fully booked till sometime in march which is to late, but guess what? It's the cab who go out to the ucan centre's to help you, such a joke. I am climbing the walls with all this!!!!

debkenzo

Get your Mandatory Reconsideration letter written as soon as possible.  You are going to ask them to reconsider their decision.  Send extra medical evidence with your letter, copies of prescriptions, Xray, MRI scan results, letter/report from doctor / specialist, consultant, physio's, anyone who is involved with your medical situation.  Explain further about what difficulties you have regarding your medical conditions.  Keep in touch on the forum and let us know how you are. Remember to keep multiple photocopies all your letters, results and prescriptions etc etc

tomm

You get  a month from the date on the decision notice they will of sent you following the WCA,  this can be still accepted  later than the 1-month time limit  but within 13 months after, If they accept that you had a good enough reason for not doing so, something to still avoid unless absolutely necessary

The wording can be something along these lines,  I do not agree with your decision that i cannot be treated as having LCW,
This is because my conditions that i had previously been treated as having lcwra
 those conditions haven't changed since then, or have gotten more severe since the previous WCA  or it maybe if you have the ESA85 and LT54 ESA56
Reports from the DWP  the ESA is the HCP's report to the DWP the others are the actual DM's decision, prognosis date where there is an award made, and the ESA score sheet showing which descriptors point where awarded
you would be aware of whether or not the HCP had fully considered all of your  conditions, and any reports from specialists or not,
and if anything was missed out you could point that out as well, best to be clear  & concise, and keep it short,it doesn't need to be a detailed essay  with he/she did not say.....  or this did not happen, they are lying, etc etc  and that wouldn't do you any good anyway
Same with the tribunal application, you would just outline the descriptors that you feel that you should of been awarded poiints for but wasn't and why, along with any clinical evidence  you have acquired since you previous successful WCA  that is all that is needed , you will have your chance to speak at a tribunal, as well as answer any questions they may ask you

2379ant

Thankyou Tomm. I have started to draft a letter for my mandatory reconsideration via a template copy the citizens advice bureau gave me this morning. My doctor and my therapist are also writing reports on my behalf for evidence of my illness and not being fit for work, I will keep you informed

Pippa_Alumni

So sorry to hear about your situation @2379ant. You've been given some great advice above, but do keep us updated and let us know if we can be of assistance. Best of luck!