ESA - Mandatory Reconsideration Notice

Hi Guys

Hope that you are well.

I am writing in respect of my mother who has until very recently been in receipt of Employment and Support Allowance.

My mother has been on Disability Living Allowance and also ESA for a number of years. In 2014, we had to complete the forms again for ESA and were asked to attend an ATOS medical examination. We attended the examination and a decision was then made by the DWP that my mother did not have any limited capacity to work (which was ridiculous!!) and that she would no longer receive ESA.

We appealed this decision and based on the information, a Tribunal decided that my mother did have limited capacity to work and was put in the work related activity group. We attended the first interview with the personal advisor at the Job Centre and he took one look at my mum and her medical history which he was not aware of and said that my mother should be in the support group. He advised us to get the decision reconsidered. We were too late to do this and were told that we needed to complete a new application and that my mother could not be downgraded from the work related activity group.

We did this in 2015 and attended a new ATOS medical examination and again they said she was not bad enough to be in the support group. We then appealed this to the Tribunal as advised. The appeal went in the Spring of 2015 and I attended the actual Tribunal a month or so ago – it took over a year for it to get to the Tribunal as information was requested from the DWP which they always seem to take time to provide or respond to. The Tribunal found that the law was applied correctly in respect of the decision to keep my mum in the work related activity group. This related to the forms completed in 2015.

In the meantime, we were told that we needed to complete the same forms again as there was a 12 month review period and this had to be done every 12 months. I completed the forms and then we were given an appointment for a medical examination. On the morning of the examination, my mum was in no fit state to attend, so I called them asked for it to be rearranged. We received a new appointment for a month or so later and again on the morning, my mum was not feeling well and was in no fit state to attend. I informed them early in the morning again.

I was then told that this would impact my mother’s benefit as she had missed 2 appointments. We then received a letter to say that my mother was no longer entitled to ESA as a result. I asked for a mandatory reconsideration and stated that they needed to take into account people’s health and that they might not be fit enough to attend medical examinations. I also stated it was crazy that benefit could be stopped if 2 appointments were missed.

We have received correspondence now to say the original decision stands and my mother is not entitled to ESA given that there was no valid reason given for my mother not attending the appointments.

We can now appeal this decision and I wanted to get more expert and learned people’s view on this if possible. Has anyone seen this before? What evidence could I give that would help in this?

This is becoming stressful for my mum who suffers from depression and anxiety and I am not beginning to become frustrated with this.

Any guidance will be most gratefully received and much appreciated.

Kind regards

Kal

Hi Gordon

Thank you for the very swift reply.

The ESA claim for my mother covers the fact that she has various ailments including arthritis and severe joint pains which can lead to her being bedridden for periods of time including a day or few days - this has been the case for a few years and has been included in previous applications.

Could I not still mention this at all?

The first appointment was set for 7 April 2016 and my mother actually visited her GP as she was not feeling well the day before on 6 April 2016. My mother received a Statement of Fitness to work for a period of 12 weeks on this date - due to her symptoms she was experiencing - the statement said she was not fit to work.

The second appointment was for 3 May 2016 and my mother did not see her GP this time as it was something that had happened frequently.

Could I mention this in the appeal?

Thanks

Boom