mandatory reconsideration for ESA
maryteresa
Community member Posts: 1 Listener
My daughter who has Down syndrome has just had her ESA withdrawn. We are at the mandatory reconsideration stage. Any tips welcome
Comments
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Hi @maryteresa and welcome to the community. It is good to have you with us.
I don't have the answer to your specific question, but I have no doubt that others will soon respond who are more knowledgeable on the subject, so please stay in touch.
Wishing you the very best,
Richard
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Hi @maryteresa
You can read about ESA Mandatory Reconsideration here.How to ask for mandatory reconsideration
You don’t have to use any particular government form to ask for mandatory reconsideration - you can just call or write a letter, using the contact details on your decision letter.
It’s better to ask in writing because then you can keep a copy of your letter for yourself. However, if you're getting close to the deadline, it's best to phone first and then confirm your phone call in writing.
Worth remembering
The deadline to ask for a mandatory reconsideration of any decision from the DWP is one month from the date on their decision letter. You can only send a late request if you can show that you have a good reason for it being late, eg you were in hospital.
You might feel that you’ve already given DWP all the information about your disability or illness, and be surprised or angry with their decision.
Don’t be put off by this – if you believe you really can’t work because of your illness or disability, you should ask for a reconsideration. If you don't pass the assessment initially it doesn’t necessarily mean you won’t succeed with your case further down the line.
What to say in your letter
In your letter, explain why you disagree with the decision.
Your decision letter from the DWP should have included a written statement explaining the reasons for the DWP’s decision.
Go through the statement of reasons and try to:- give DWP more information about those specific points where you disagree with them
- get more medical evidence that covers these points
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