Mandatory reconsideration for esa

2379ant
2379ant Online Community Member Posts: 4 Listener
in Employment & Support Allowance (ESA)
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?

Comments

  • debkenzo
    debkenzo Online Community Member Posts: 110 Empowering
    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 :)
  • 2379ant
    2379ant Online Community Member Posts: 4 Listener
    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
    debkenzo Online Community Member Posts: 110 Empowering
    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
    2379ant Online Community Member Posts: 4 Listener
    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
    debkenzo Online Community Member Posts: 110 Empowering
    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
  • 2379ant
    2379ant Online Community Member Posts: 4 Listener
    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
    Pippa_Alumni Scope alumni Posts: 5,761 Championing
    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!

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