ESA mandatory reconsideration - length of award

Hi.
Last year I had an assessment end of April. Afterwards they moved me from ESA support to WRAG. I asked for mandatory recon. writing long letter my reasons why I disagreed. I had to chase them for just coming up to 6 months!! and it being escalated 7 or 8 times and getting a disability organisation involved before they gave me a decision. The decision was upholding their original decision (Which I expected - from everything I had read).
Then I got help with local CAB appeal person to do the appeal form. Tribunal confirmed. 2 weeks ago, I got a call from DWP decision maker who said he had received appeal notification - so was looking at everything again - and had decided to put me back in support group.
Just like that! I was so shocked / scrambled..relieved. He said it would be an 18 month award.
Only later...it occurred to me I should check when the award starts etc. I had assumed the award / 18 months would start from when he called me up. Finally called yesterday - no - award started from last May...so means I have 8 or so months before going through whole horrendous process again. This whole thing has been a nightmare / my anxiety / nerves scrambled...and it is just so cruel to be put through it all again in a few months time.

What do I do? Can I choose to not accept this? even though I am happy I have been moved back into support group. I completely disagree with 18 month award starting from last may. Does it mean I have to go through whole process again of mandatory reconsideration with this decision (being moved back to support, money back dated etc dated 10 jan)...

I am not sure if tribunal for original appeal has been withdrawn yet.
Any advice greatly welcomed. Thanks for your time.

Hi Gordon, thanks for your reply and clarifying things for me.
The DWP tried to call this afternoon, I just missed it, they said they would call back, so I will chase them. I think it will be a decision maker. Who knows, I may have a very reasonable decision maker! But if not, I guess I continue getting my evidence in, and then I will be more prepared when they reassess..and yes a positive spin, to see it, that I use the DWP decision to put me back in support group..as evidence.

Thank you. Becka

Hi Beck Gee,

Have you asked them when your next review date is ?

Like you, I was moved from SG to WRAG after assessment (with a 18 month review recommendation), reconsideration failed, appealed, DWP through in the towel and moved me back to SG. When I asked for my review date they said July 2019, that's 18 months from now!

By the way, if you get put in the support group and receive a letter telling you you're in the WRAG and have to attend work-focused interviews, it's probably a mistake caused my their computer system responsible for producing letters.

Hi Derek,
The DWP called me 2 weeks ago (after receiving Appeal notice from tribunal...as I had been moved from support to WRAG in May after being assessed in April) - the decision maker looked at my letter and all evidence and decided to put me back in support group. (This was after a terrible time..chasing the DWP for 6 months to look at the decision again and give me said decision - so I could appeal).
He said on the phone it was an 18 month award ..the way he said it, I took it as given - it was for 18 months from now. It was only afterwards - it occurred to me - was it from last May - the award...surely not..as I would have to go through the cruel ordeal again...So when I called up yesterday - on their system it says my reassessment date is by October this year. So I could have a lovely word capability form again in 6-7 months...etc.

This is the situ as it stands. But DWP person yesterday forwarded a message to the decision makers - and I missed a call this afternoon by them (they left a message which they don't usually do). I will chase up tomorrow and state my case, and see if they will see reason at all.
That's all I can do. That and prepare for a reassessment sooner than I expected!

Just to give an update - DWP lady called me today. She heard what I had to say and I let her know the anxiety / impact on my MH the whole palarva has been etc. She actually seemed really understanding and spoke in hushed tones! saying that they have to go by guidance (I.e. her hands are tied) - the horrific assessment I had last April by a Robot assessor - that they had recommeneded a term of medium term - a year or 18mnths. I wish I had said this on the phone - hold on your colleague 2 weeks ago, looked at everything after receiving an appeal from tribunal / and decided in my favour, to move me from WRAG to support group. So surely the "evidence" of the assessment is flawed / ad shouldn't be used..including the term that was recommended by the assessor! - but i didn't say that.
She said for me to try and have a break and then think what to do, and recommended I get independent legal advice. She agreed someone in my situation, shouldn't be put through all this..I said i'd have to decide within 2 weeks if I want to try and dispute the length of the award. She said get the indie advice, and said if I did choose to, I would need to appeal direct with the tribunal, stating reasons why disputing length of time of the award. She said I may have grounds for that, (also consider I was messed around for 6 months, with decision dept / DWP not calling me back / or giving a decision so that I could appeal)...let alone my health deteriorating.
Equally the feedback so far from yourselves and another org is that people don't think it is possible to appeal on length of award..the other advice place, aren't sure.

She did say to me, that they are backlogged / really behind, and having to employ temporary staff, so I could have a few extra months.
Any way that was my conversation with a DWP decision person today. I was distraught on the phone, but felt if she was able - she would have extended the award - but can't. Due to "guidance" / restrictions or loosing her job / who knows - its all about the targets isn't it?