mandatory reconsideration

I was on long-term Incapacity but have been moved to Contribution Based ESA WRAG following my assessment. I feel the decision is wrong but don't know how or if to request mandatory reconsideration so I can appeal as hear I'll receive no esa payments whilst decision reconsidered.
My benefit my only source of income.am not eligible for JSA so fear I'll be unable to afford to request mandatory reconsideration and therefore an appeal.

Hi,

I don't deal with ESA, just DLA/PIP. With a mandatory reconsideration, you have no choice in requesting a reconsideration, it is compulsory. You cannot chose to appeal directly, you have to have a mandatory reconsideration.

This procedure is very new, under the former regulations, you could chose reconsideration or appeal, regretfully that is no longer the case.

See Mandatory Reconsideration in the Spotlights area of the form for more details.

Jim

nell13 wrote: I was on long-term Incapacity but have been moved to Contribution Based ESA WRAG following my assessment. I feel the decision is wrong but don't know how or if to request mandatory reconsideration so I can appeal as hear I'll receive no esa payments whilst decision reconsidered.
My benefit my only source of income.am not eligible for JSA so fear I'll be unable to afford to request mandatory reconsideration and therefore an appeal.

Hi n113,

Welcome to Benefits and Work

Mandatory Reconsiderations (MR) only affect claimants where the ESA decision was made on or after 28/10/13, and they are informed that they must first undergo an MR before they can appeal, in the decision notice letter.

If this is not the case with you, you can still appeal in the first instance.

Even if MR was applicable to you, you would still receive the WRAG rate of ESA whilst going through an MR.

It will only adversely affect claimants who have been found fit for work, in that they will not receive assessment rate ESA whilst the MR is carried out, and may therefore be forced to claim JSA.

See the two posts and associated links : Here

See also : Will my ESA be paid while a mandatory reconsideration takes place?

From our : Mandatory Reconsiderations FAQ's

Before we advise further, can you confirm the date of your decision notice letter, and whether it does/does not state that you have to undergo an MR ?

bro58

Hi n13,

On the premise that you can appeal the WRAG award in the first instance, you should do so using GL24 Form which can be downloaded and printed off (from around page 20) from the link on this page :

How to submit an appeal

You should keep a copy of the GL24 and any other documents that you send. :

Sending Documents to the DWP or ATOS

See also:

How long do I have to appeal?

Is there any risk to challenging a decision?

Do I have to attend WFIs while I appeal?

What will I be paid while I appeal?

From our :

Appeals FAQ’s

There is also an ESA Appeals Guide on this page :

ESA Claims Guides

See also :

Qualifying for the Support Group

From our :

ESA FAQ’s

You may also wish to request a copy of The ESA85/ESA85A Medical Report, depending whether you had a face to face or not. There should also be an LT54.

This can be done over the phone, but if you have any trouble obtaining them, you can issue a SAR.

ESA medical – what forms to ask for?

ESA Forms

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

You should address any SAR, FAO The Data Controller, at the address of the Benefits Office/Centre dealing with your ESA.

Write DPA 1998 SAR on the front, top, left corner of the envelope.

Do not miss your one month deadline to appeal if these documents have not arrived, you can always refer to them at a later date.

You may also find these documents helpful :

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations

DRUK Factsheet - Appeals Hearings and How to Prepare for them

And this video ;

MOJ Video of ESA Appeals Process and Tribunal

Even if you do have to undergo an MR, I am sure that the DWP will inform you of this on receipt of your GL24.

You may wish to Favourite/Bookmark this page in your internet browser. You can then return to it easily, and pose any further queries that you may have by replying to this topic.

bro58

Thanks for info regarding benefits during MR.My decision was dated 31.10.13'

Hi n13,

Just to add, as it seems that you have been transferred over to The WRAG of ESA from IB, and are being paid CB ESA.

If it is CB ESA only, you will only receive this for 365 days before payment ceases. see :

What will I be transferred to?

From our :

IB, IS, SDA, Migration to ESA FAQ’s

&

12 Month Limit for ESA(CB)

bro58