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mickeytum

The DWP do seem to be hell bent on mis-informing claimants of their rights at the moment.

First of all I recommend that you confirm in writing your request for an MR and specifically use the words "Mandatory Reconsideration".

I would send all correspondence by Recorded Delivery if you can afford it and as a minimum you should request a certificate of posting from the Post Office (which is free).

You have two choices while you wait for a result from the MR, you can claim JSA, this will not have any effect on your future entitlement to ESA, or, you can wait for the MR to complete.

If you claim JSA then you will be subject to a Claimant Commitment, whilst it should be possible to limit any job searching requirement to fit with your disabilities if you fail to meet the minimum requirement your JSA will be subject to sanction and your claim can be closed by the JC+

If you decide to wait then you need to send in Fit Notes to the DWP. There is no time limit for an MR To be completed within although the DWP have suggested that they are targeting 10 working days, at this time we have seen no statistics as to whether they are keeping to this.

If your MR is unsuccessful then you can appeal the Decision to the Tribunal Service, once this is accepted you will be paid the ESA Assessment rate (if you claimed JSA you can ask to be put back on ESA), this will be back dated to date that your benefit was stopped minus any payments you have received. If you have not previously provided one, you will need to provide a Fit Note.

Have a look at our ESA MR & Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following Fact Sheet

Disability Rights UK Factsheet - Appeals and reconsiderations

If you have any further question, please reply to this post.

Gordon