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Mandatory reconsideration for esa
2379ant
Member Posts: 4 Listener
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?
Replies
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
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 ,
I will keep you informed of my outcome
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
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