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Mandatory Reconsideration Letter

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6 years 7 months ago #194991 by BDB051
Mandatory Reconsideration Letter was created by BDB051
I was initially put into the Support Group for five years because I am suffering from depression, stress, anxiety, asthma, pains in my joints etc, I'm unable to walk without a walking stick and I'm on strong medication for my depression etc. My five years has expired and I was asked to complete another application etc. I completed the form and attached my doctors report, list of medication, counselling letter, etc. I was sent a letter asking me to attend an interview at the assessment centre. And they have decided to end my contribution based ESA and put me in to the work related group. I was then asked to go the Job Centre so they can assist me to go back into work. I would really like help in writing a letter to submit an appeal on the grounds that I'm unable to work due to my ill health . Could someone please help me. I have less than a month to appeal. I'm desperate, please help me.

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6 years 7 months ago #195003 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Letter
Donna

If you are in the WRAG then you are considered as being Unfit for Work already, the JC+ may ask you to look at activities that will help you to return to the workplace but they cannot ask you to work or even to seek work.

If you want to be returned to the Support Group then you are going to have to show that you meet one or more of the SG Descriptors! Do you know how you qualified before?

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.

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: BDB051

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6 years 7 months ago #195060 by BDB051
Replied by BDB051 on topic Mandatory Reconsideration Letter
Thank you Gordon. I will contact the DWP and get back to you.

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6 years 7 months ago #195614 by BDB051
Replied by BDB051 on topic Mandatory Reconsideration Letter
And the information recorded by the Nurse is totally incorrect. I would like to appeal against the information recorded. Do you have a template letter I could use and is there any other information I should include / attach i.e my doctors report that was submitted with my application, recent Doctors note that I took with my for my interview at the JC in my appeal?? Am I missing out anything??

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6 years 7 months ago #195618 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Letter
Donna

See my previous reply that explained what you need to do

www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=117870

Gordon

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

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6 years 7 months ago #195642 by BDB051
Replied by BDB051 on topic Mandatory Reconsideration Letter
Hi,

I have looked for a letter template but I can't fine one so can the above letter be as short one and say something on the lines of the below:

Dear Sir or Madam,

I am writing to request for a mandatory reconsideration relating to my case.

Yours faithfully,

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