How do I do mandatory reconsideration - via phone or post? How to be successful?

stuartperry

hi everybody I hope you are all well! i'll try to keep it short as possible.  been on ESA for nearly 5 years in the support group income based.   with the same evidence I have always been avoided.  after my first telephone assessment recently...

shockingly trying to move me to the work based group.   

my question is how do I do this mandatory reconsideration via phone or post.  

how to be successful? any tips please.  

Libby_Alumni

Morning @stuartperry  

How are you today? Thank you for your post and for sharing some information about your ESA experience. 

I'm sorry to hear that you've had a challenging experience with the assessors. I can imagine that you feel disappointed about their decision. Scope have some fantastic resources about challenging a benefits decision. Please find the link here to our information page on challenging a benefits decision. Remember, you do have one calendar month from the date on your decision letter to ask the DWP for mandatory reconsideration. So, you have plenty of time to get an application together and to hear others opinions/thoughts. 

I will also tag your post in the hope that other online members will see your comment and advise where they can  

If you have any further questions, then please just let us know. 

Libby

chiarieds

Hi @stuartperry - it would be an idea to get some local advice about this. See: https://advicelocal.uk/     & select 'Welfare benefits' from the drop down menu. In your situation I believe you can go straight to appeal as your ESA is income based. See: https://www.turn2us.org.uk/Benefit-guides/Challenge-Employment-Support-Allowance-decision/Have-the-decision-looked-at-again   

calcotti

chiarieds said:

In your situation I believe you can go straight to appeal as your ESA is income based. See: https://www.turn2us.org.uk/Benefit-guides/Challenge-Employment-Support-Allowance-decision/Have-the-decision-looked-at-again   

In this instance I don’t think that is correct. OP still has an ESA award, albeit in WRAG rather than Support Group. They should therefore do an MR.

The right to go straight to appeal applies to those found Fit for Work who have therefore had their ESA stopped.

janer1967

Hi and welcome 

It is advised to do the mr by post as it gives you the chance to think more and write everything down 

If you do it by phone you are relying on a call handler to capture all you are saying 

Also if in writing you will have a copy to keep for reference 

chiarieds

Thank you for your explanation, & the correction @calcotti

stuartperry

still don't get it what is the best route is there any templates if I have to do a letter? Any points to include

poppy123456

There's a form here you can fill in and print out. https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp

Or you can write a letter.

You should state why you think you should be placed into the Support Group and your reasons why. Giving a couple of real world examples of what happened the last time you attempted that activity will also help. Include information such as where you were, what exactly happened, did anyone see it and what the consequences were.

If you know the reasons why you were previously in the Support Group and this still applies then concentrate on that.

No one can tell you which one may apply because no one here knows anything about how your conditions affect you.