mandatory reconsideration?

Hi

I am thinking ahead here,I have just received my WCA for ESA and I am wondering what happens if the DWP decide you are fit for work.

I know you have to apply for a mandatory reconsideration by them,but If you was to decide not to go onto JSA during this time,as I believe going onto JSA is basically admitting you're fit for work.So If one was to go the non payment option whilst the DLA are deciding ,are you still entitled to housing benefit and council tax benefit?

Thanks

Hi Lisa,

The official viewpoint would be that you have been found fit for work and claiming JSA would not count against you - but I understand what you mean! You would be able to claim JSA and adapt the job seeking requirements due to your limitations - as long as you didn't show them a sick/fitness note.

If you did not claim JSA, you should get back payment once your appeal has been accepted by the Tribunal Service as long as you have sicknotes/fit notes to cover the whole period since the 'fit for work' decision.

You can claim housing benefit etc on the grounds of low income but would have to contact whoever administrates these as the benefits would stop once DWP notify that your ESA has ended.

Thank you,

I see,what a nightmare having to in effect re-apply for housing benefit.

Once the DWP look at except the mandatory reconsideration are you able to claim ESA at the assessment rate?,would one need to supply sick notes.And does the same apply if it is taken to a tribunal from the tribunal starts,(ignoring the fir notes to back claim) i.e during the tribunal phase are you able to claim ESA without sick notes

lisadg wrote: Thank you,

I see,what a nightmare having to in effect re-apply for housing benefit.

Once the DWP look at except the mandatory reconsideration are you able to claim ESA at the assessment rate?,would one need to supply sick notes.And does the same apply if it is taken to a tribunal from the tribunal starts,(ignoring the fir notes to back claim) i.e during the tribunal phase are you able to claim ESA without sick notes

Hi ldg,

"Once the DWP look at except the mandatory reconsideration are you able to claim ESA at the assessment rate?"

No, whilst the MR process is ongoing, your only option to obtain some income is to make a reduced conditionality claim for JSA.

Only once you have gone through The DWP MR process, obtained an MR Notice letter from the DWP informing you of their decision as a result of the reconsideration, then posted the MR Notice and an SSCS 1 Appeals Form to The Tribunal Service (TS) and receive notification from The TS that they have accepted your appeal can you revert back to Assessment Rate ESA.

You should obtain fresh fit notes from your G.P. to cover you from the date of the fit for work decision, keep them safe, then send them to The DWP when your appeal has been accepted by The TS and you are reverting back to ESA.

If you present the fit notes when making the JSA claim they may not accept your claim as they could say that you are unfit to actively seek or take up employment.

Once you revert back to ESA, if the fit notes cover you from the date of the fit for work decision, if you haven't been claiming JSA you will receive ESA Assessment Rate from the date that the fit notes cover, or if you have been claiming JSA from the date of the restart of your ESA.

You cannot receive JSA and ESA for the same period.

Have a read through our : ESA MR/Appeals Guidance.

You could also review our ESA Claims Guides 3rd and 4th links down the same page.

See also : Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

bro58

Hello everybody

Thank you for all your help.

I was awarded support in the end.It took 4 months approx

Rather than start another post I am asking in this thread for some info.

Today I rang for my ESA85 form,,I had done this in the past by sending a letter,only then it was for ESA85A as id not had a face to face.

Anyway the adviser today said they do not know what a ESA85 is,,and asked what is the form,,I told him it was my report from the department ,,so he said he can send my medical report out to me.

Is the ESA85 the medical report? or should I send out the request letter now for the ESA85?A little confused.

Thank you again