ESA claim stopped

My son has been in the first stage of an ESA claim for several months, receiving the basic rate of £71 per week. He missed a couple of medicals and kept forgetting to send in fit notes on time: it has been a constant struggle to keep his claim up and running. He has severe mental health problems and doesn't live with me so I'm never sure when his appointments are to remind him. He missed the most recent medical, yet again , and his claim has been stopped and now also his housing benefit. I sent back the form they sent giving the reason for him not attending, that he is not capable of running his life in the normal way, I asked to be made appointee and I also sent an up to date fit note covering him until the end of December. I phoned the benefits centre and they said they will reconsider their decision. I also spoke to his GP today as apparently when they asked her for further evidence to support his ESA50 the information she gave did not match that on the form. She has admitted that she did not look at his full history and was not aware of the seriousness of his problems. If she had done then the question 17 on the ESA50 would have been substantiated and he would have gone straight to Support Group with no need for a medical. What can I do now? He has no money, just before Xmas and is very anxious. I can't get an appointment to see the doctor and anyway he would need to be with me so we can try and ask her for a letter to explain her mistake. My main worry is how on earth we get through this at this time of year.

Thank you Gordon. Is the Mandatory Reconsideration the thing they said they'd initiate after I spoke to them (when they said they'd put down that I'd asked them to reconsider) or do we need to request this more formally in writing? Also, if I can supply evidence to suggest the GP didn't give the correct information would that help? Finally, if the reconsideration was successful would that mean his benefit was reinstated at the rate of £71 a week until a medical? If the info from the GP indicates a medical should not be necessary due to his condition and he should be in the Support group without one, how long before an uprating of ESA? Sorry for all the questions!

suziq wrote: Thank you Gordon. Is the Mandatory Reconsideration the thing they said they'd initiate after I spoke to them (when they said they'd put down that I'd asked them to reconsider) or do we need to request this more formally in writing? Also, if I can supply evidence to suggest the GP didn't give the correct information would that help? Finally, if the reconsideration was successful would that mean his benefit was reinstated at the rate of £71 a week until a medical? If the info from the GP indicates a medical should not be necessary due to his condition and he should be in the Support group without one, how long before an uprating of ESA? Sorry for all the questions!

Hi sq,

A Mandatory Reconsideration (MR) can be initiated over the phone.

To be on the safe side, it may be best to back this up in writing in the form of a letter simply stating that you are formally requesting an MR.

Sending Documents to the DWP or ATOS

Any supportive evidence should help, and copy of such should be sent to The DWP ASAP.

As it seems that ESA has been stopped due to failure to attend a face to face, as well as the evidence supporting the fact that an SG award should be made, it should also show "Good Cause" for his non attendance of the recent face to face assessment.

Of course, the evidence that you may provide could fulfill both of the above.

If "Good Cause" for the non attendance is accepted, then yes his ESA assessment rate should be reinstated.

Compelling evidence may well result in an SG award without any further need for a face to face.

How long this may take, depends on how quickly ATOS/DWP deal with the situation.

Have a read through our : Mandatory Reconsiderations FAQ's

bro58