Mandatory Reconsideration queries

Hi first time posting, I am helping my husband with his ESA mandatory reconsideration after he received zero points in his medical. I attended this medical with him.
We did not find your site until we had naively filled in the form for CB ESA and thought his main medical condition of COPD and his inability to continue working due to his symptoms would be straightforward, especially as he has had fit notes for the past three months.

He has gone into a bit of melt down not understanding why the doctors fit notes of ‘not fit to work’ are taken into any consideration, so I have stepped into to try and understand the system.

I have read the very helpful guides and was wondering if you could help me with a few points.

1- Is it OK to quote passages from the guide on COPD for the DWP if I feel this is relevant to his condition and the health assessor has ignored the DWP’s own guidelines

2- How do I raise/argue this point that the assessor has omitted from the report. During the assessment the health assessor got my husband to perform a sequence of repeated upper body movements after which she carried out a peak flow test, unhappy with his initial reading of 250 she asked him to repeat the the test under strict observation. The second result was 200, at which she exclaimed she had better use the first reading. Nowhere in the report is this result mentioned or the fact that it was carried out at all, The effort of the sequences had a direct effect on his breathing.

3- I feel I will have to argue exceptional circumstances, is it advisable when giving reasons to mention that you feel being placed in the support group is the only option.
Thank you in anticipation of your time and reply, funnily enough writing these points has made me feel more focused but after the niavity at the outset I would value your opinions.
Carolnee

Hi
After asking for mandatory reconsideration my husband applied for JSA and after this claim was up and running he gave in doctors fit note but was still expected to look for work as agreed with a JSA coach and sign on as normal, no mention of extended sickness applying.

After not receiving any money on the due date from JSA he phoned to ask why, after a game of ping pong with various DWP departments we had an out of hours phone call in which it was stated he couldn't use the same reasons on his fit note as he was for claiming ESA for as this would make his JSA claim invalid as he wasn't fit for work, he pointed out that his job seekers claim had been accepted before supplying the fit note and that as the DWP (as in his failed ESA claim) said even with this he was fit for work and that he had been looking for work as agreed in JSA agreement. They said they would look into this matter, has anyone else encountered this?

This morning we had the brown envelope to say mandatory consideration failed, so looking at appeal now ((

Hi Caroline,

Sorry to hear that you are being given the runaround like this!

As you say, the 'Secretary of State' - via the DWP - has deemed your husband 'fit for work' despite his GP issuing a fitnote. This allows the failed ESA claimant to sign on for JSA.

We have not previously heard of anyone who has been told they cannot use the same conditions on their JSA fitnote as they used for their ESA claim. That is clearly ridiculous Is it the JobCentre+ adviser who has told him this?

Thank you for your replies we were beginning to think we had lost the plot ) we were not sure who phoned us as it was 6:40pm after office hours, she quoted a broken leg or heart problem as a for instance for supplying a fit note.
Using the advice about the DWP saying he was fit for work seemed to work as we received payment today.
My husband has appointment with job seekers again on Monday to try and sort out about looking for work whilst on a sick note.

We have yet to try and work out how to approach the appeal, thank you for all the support