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TOPIC: Mandatory reconsideration

Mandatory reconsideration 2 months 10 hours ago #194134

After a year of waiting for the ESA assessment for my daughter they have put her on the WRAG section which would have been useful but because She is on contribution ESA the benefit has stopped as soon as I was granted it. It was obviously evident that She was not fit for work when She had the assessment 2 weeks ago but she is now expected to go back to work. I will ask for a mandatory consideration but She has little fresh evidence in these two weeks. Even the decision letter has caused me her mother huge concerns for her mental health. She is talking of the system killing her. I had in excess of 100 texts the day the letter arrived. Where do I go from here. The surgery will not write another letter as they only just submitted one. Her health visitor stated in her report that she felt she was at risk of serious deterioration of her mental health if she was asked to do any work related activity. She is not entitled to IB. ESA as her husband earns £900 a year too much
Can anyone advise please. Can I submit evidence as her mother ?

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Mandatory reconsideration 2 months 6 hours ago #194156

  • Gordon
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R

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


To be placed in the Support Group your daughter will need to show that she meets one or more the SG Descriptors or other criteria, see our ESA Claim guides for details of these

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

The first stage to challenging a Decision is for you 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.

You should contact the DWP for a copy of the assessment report, it will be an ESA85 if she had a face to face and an ESA85A if she did not, 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

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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