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Man Reconsideration

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Lynette1066
Lynette1066 Community member Posts: 47 Connected
edited July 2018 in Employment and Support Allowance (ESA)
Hi, I am sort of expecting after I have my medical next week. To get a phone call from DWP stating I do not have enough points. And ESA has been stopped. Can I call DWP and ask for MR? Where would I send a letter in to ask for a MR. Would I still get ESA whilst a MR is being considered? Any advice please.

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  • NY19
    NY19 Community member Posts: 14 Connected
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    Have you had a medical before, and what happened then?

    Can you take a letter from your GP or a consultant explaining how your disability or illness affects you? The DWP will probably ignore it but it's good to have for the later stages if your benefit does get stopped (you can provide it later, too, if you can't get it in time for your medical).

    Just so you know, I am not a benefits advisor and don't have any qualifications in this area, but I've been through 3 appeals myself (successfully) so I have some experience of the process. You should double-check everything I say with a benefits advisor!

    You can't request a Mandatory Reconsideration until you actually have the decision. So you'll have to wait until you get a letter from the DWP saying that your benefit is stopped. I think the advice is that it's better to request it in writing, rather than over the phone - on the phone, the DWP staff have been known to give false information about your rights, or try to persuade you not to challenge the decision. They can also use anything you might say (or be tricked into saying) over the phone against you in an appeal. It's much safer to deal with them in writing whenever you can. The decision letter will give you an address to send your MR request.

    You will not get ESA payments while they consider your MR. If they change their decision, you will get the money backdated for that period. If they don't change their decision, you can file an appeal - and as soon as they have received your appeal they are supposed to restart payments (at the lower 'Assessment Phase' rate) and backdate those to their decision date; they don't always do this automatically so you should make sure you request it. You have to provide 'fit notes' from your GP to cover the whole period from the decision until your appeal hearing date in order to get payments during this time.

    Good luck at your medical! Hopefully none of this info will be needed... It will take a few weeks for them to make a decision anyway. If you don't score enough points, come back here and let us know - there's more info I can share from my own appeals!
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  • Lynette1066
    Lynette1066 Community member Posts: 47 Connected
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    No first medical. I do have a GP letter and a consultant letter to prove another physical condition. But I have requested from DWP today anything to do with ESA claim and anything from GP, under freedom of info act. May be good for appeal.
    If I am correct and I do not score 15 points for WRAG group. I will have to make a UC claim. Until MR and appeal is heard.
    I know the GP letter I have may come in useful at the jobcentre to get the correct group.

    Any more advice?
    Thanks
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  • Lynette1066
    Lynette1066 Community member Posts: 47 Connected
    edited July 2018
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    So if I am understanding it correctly. If I get under 15 points, back to UC. Ask for MR. But I have to still go to the GP for fit notes to support my case. At appeal stage I must ask DWP in writing to re instate ESA payments until appeal is heard. Correct?


    However if I get above 15 points and under support group points. I will still get ESA and have to attend work interviews etc. But if I challenge this to be put into support group, would I still need GP fit notes to support the case?
    Thanks
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  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
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    Hi Lynette1066

    I agree with NY19.

    But in response to your latest post - it is NOT advisable to claim universal credit (UC) without getting further advice. This is because it may prevent you from returning to ESA following a possible successful mandatory reconsideration (MR)/appeal.

    If you live outside of the full service area for UC you could perhaps claim jobseeker's allowance during the MR period and then you could switch back to your ESA when you submit your appeal (assuming this is necessary). You can check your postcode here.

    If you get housing benefit (HB) this should continue during the MR process (unless you claim UC) but you should check with your local HB office in case they suspend or terminate the award incorrectly.

    David
    The Benefits Training Co:

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  • Lynette1066
    Lynette1066 Community member Posts: 47 Connected
    edited July 2018
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    I do not think I can win this argument. But I am not in a full UC service. But I am a single person. So this means I think, I will have to do a new UC claim, to be able to get money, if I get under 15 points.

    I would claim UC, go to GP for a new fit note. Try to claim UCESA, whilst M R is going through. This would mean if I won the MR, I would be on the new system for ESA. No going back. Then it would mean another UCESA form and another medical. Plus work search etc.
    Is this correct.
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  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
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    Hi Lynette1066,

    If you do not live in a full service UC area you don't need to apply for UC. You should follow the advice given by NY19 and David, and stick to JSA throughout the MR process and ask for your ESA to be reinstated when your appeal is registered.
    You should probably check your postcode in the link that David provided above to see exactly whether you live in a live service area or full service area. All the best!

    Lee
    The Benefits Training Co:

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  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
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    Also, do you get PIP?


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  • NY19
    NY19 Community member Posts: 14 Connected
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    One other piece of advice for your possible MR/appeal - look into Regulation 29, which says that you may be entitled to ESA even if you don't score 15 points, if working would pose a substantial risk to your health.
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  • Lynette1066
    Lynette1066 Community member Posts: 47 Connected
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    Thanks for this advice, I have noted it down. No I do not get PIP, but one of those who was not correctly assessed for mental health? But I am not expecting anything. Thanks for the help. I would rather be informed. But due to short time frame of four weeks from sending in ESA 50 form to medical. I am sure that the will not hear my problems. But it is a recorded medical. I have even pre written a letter to my labour MP. If and when I do not get enough points at the medical. Does anyone have a link for regulation 29?

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