IC to ESA migration

Hi Everyone,

I was called into a Work Capability Assessment recently whose results I received a few days ago. Unfortunately, I have been awarded 0 points in the report to which I was shocked more so as the report contained information that was incorrect such as responses to questions that weren't asked of me. I understand from reading the accompanying decision letter that the next steps are to request for Mandatory Reconsideration.

I have been tirelessly trying to find the information that can aid me in the next steps as I do not feel that this decision is correct. I came across benefits and work in my search to which I have registered and subscribed. The site has great information to which unfortunately I wasn't aware of prior to the notification of my benefit migrating to ESA from Incapacity Benefit.

I have prepared a letter requesting for a reconsideration citing that I was unhappy with the 0 points award decision and that the assessment report is inaccurate and includes responses taken at the WCA when it clearly was not. I have been to my GP requesting a letter to detail my illness and disability (I cannot walk much at all and need assistance for distances of 50 metres and I have dizzy spells which means on many occasions I will pass out and collapse to the floor). I have asked the GP to also put in details of all my medication including their side effects detailing what impacts they have to my daily life.

I am planning to submit the letter with GP's report. Please can anyone advise me if this is recommended and if there is anything I need to provide with this letter at this reconsideration stage.

I am deeply concerned like many others the impact non-payment of ESA will have on my daily life as it covers a lot of the cost towards dealing with my disability and conditions.

Your help and advice will be appreciated greatly. I look forward to your responses.

Many Thanks

It is not unusual for a medical assessment report to contain the kind of inaccuracies you describe. However the important thing is not to get bogged down on this and focus on how you meet the descriptors. Only focus on inaccuracies that specifically contradict a descriptor you feel you fit. Again a letter from you GP is good but only if it confirms the descriptors you feel you satisfy. The first stage is to figure what these are, using the guides, and discuss these with your GP.

You will want to initially request a 'Mandatory Reconsideration' over the phone and ASAP. However you should follow this up in writing. How much detail you go into at this stage is up to you. The more detail and evidence you give the more likely they are to over turn a decision. However this is still not hugely likely and sending in evidence will slow down the process meaning you are without monies for longer. Alternatively you could couch your dispute in vague terms let the reconsideration go through come what may and then focus on the appeal. You can then claim back some ESA by sending in sick notes.

I have been on IC for many years and after a medical asessment for ESA I received a letter from DWP telling me that I received 0 points and am not entitled to ESA. I have just sent a letter to DWP requesting a mandatory review. Please could you tell me if I need to get a sick note from my doctor immediately, or do I (assuming the DWP don't change their decision) wait until my appeal to a tribunal is lodged.
Also, any info on how long people are having to wait for the mandatory review to be completed, and how long appellants are having to wait for a tribunal hearing after lodging an appeal, would be welcomed.
Thanks,
Alwil09

My daughter has just been turned down for ESA after not being able to attend the assessment because she has ME and was not able to move without being sick. I phoned to tell the assessment centre and they said that it was fine. They then rang back and said not to be alarmed if we receive a threatening letter and to just fill the letter/form in and send it back as quickly as possible. This we did with some evidence. Received a letter saying that she is not able to get ESA and that her IC will stop after the next payment on 13/3/14 as she did not attend the assessment. We rang and they said they could not find the letter/form that we had sent. They rang back to say they had found it but we would still have to ask for a mandatory reconsideration.

I have done some research and it appears that ATOS immediately receive a £1,500 once these refusal letters go out - is this true?

PS They said that they are working on reconsiderations at the moment dated 1st February?!!