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Refused ESA -how ask for Mandatory Reconsideration

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7 years 8 months ago #166132 by azg
After a recent assessment, I have been refused ESA. Is the thing to do to ask for a Mandatory Reconsideration, and is this better done by phone or by letter?

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7 years 8 months ago #166141 by Gordon

azg wrote: After a recent assessment, I have been refused ESA. Is the thing to do to ask for a Mandatory Reconsideration, and is this better done by phone or by letter?


You need to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: azg

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7 years 8 months ago #166149 by azg
Thank you.:)

I'm sorry but I am still confused. Well, I mean that I don't know if Mandatyory Reconsideration is a simple request and I keep all my arguments about why DWp is wrong for an appeal, or if Mandatory reconsideration requires all the reasons written down.

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7 years 8 months ago #166150 by Gordon

azg wrote: Thank you.:)

I'm sorry but I am still confused. Well, I mean that I don't know if Mandatyory Reconsideration is a simple request and I keep all my arguments about why DWp is wrong for an appeal, or if Mandatory reconsideration requires all the reasons written down.


You have a choice.

Provide minimal information for the MR on the basis that MR revision rates are low so that you can appeal as quickly as possible, or

Provide as much information as you can on the basis that an appeal will take at least 3-4 months to be resolved.

In either case you do need to provide reasons for your requesting an MR, it's just the level of detail. As I said, have a look at the guides. and template letters.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: azg

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7 years 8 months ago #166154 by azg
Thanks!

I'm pretty much terrified of the whole thing, and, as you might guess, hoping to provide minimal detail now so as to face up to it all gradually, ie. give myself time to write down all my reasons for disagreeing. It's really hard even to think of it all without dissolving into a mess, so perhaps I can do it in bite-sized chunks, gradually writing stuff down, ready for an appeal.

I will look at the guides and templates. Many thanks again.

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