Manditory reconsideration(MR)

I have recently received 0points following an ESA WCA, and wish to appeal.

I need to write to request a MR first. What information do I need to supply with this request if any? I am a little confused. With my letter is the Decision Makers reasons for the Decision. Do I go through these point by point with reasons why I believe the points to be incorrect? What sort of further evidence do I need? Where can I get help? Do I need to request any further information with regards to the WCA?

I often have problems doing repeated activities, does this count in my favour? Or, if say, I can touch my top pocket once, but not repeatedly, I would not qualify for any points?

I have contacted my local CAB who had never heard of MR, and said they would call be back next week...

Sorry this is rather long winded, and thanks for any help.

Dawn

Dawn wrote: I have recently received 0points following an ESA WCA, and wish to appeal.

I need to write to request a MR first. What information do I need to supply with this request if any? I am a little confused. With my letter is the Decision Makers reasons for the Decision. Do I go through these point by point with reasons why I believe the points to be incorrect? What sort of further evidence do I need? Where can I get help? Do I need to request any further information with regards to the WCA?

I often have problems doing repeated activities, does this count in my favour? Or, if say, I can touch my top pocket once, but not repeatedly, I would not qualify for any points?

I have contacted my local CAB who had never heard of MR, and said they would call be back next week...

Sorry this is rather long winded, and thanks for any help.

Dawn

Hi D,

Welcome to Benefits and Work

"I have contacted my local CAB who had never heard of MR, and said they would call be back next week."

I am totally dumbfounded by this, did you actually inquire regarding a Mandatory Reconsideration (MR) with CAB ?

Anyway, you have one month from the date of the fit for work decision notice letter to make a formal request for an MR.

You should state clearly in the letter that you are formally requesting a MANDATORY RECONSIDERATION.

Sending Documents to the DWP or ATOS

Under the MR rules which came into force on 28/10/13 you will not be entitled to the assessment rate of ESA until you have undergone The MR process, and if not successful, your appeal has been accepted by The Tribunal Service.

You may then be entitled to assessment rate ESA from the date of the fit for work decision if you have fit notes to cover you from that time.

If you do not have the finances to manage whilst the MR is ongoing, then your only other alternative may be to apply for JSA.

There are pros and cons with how much information that you wish to supply with the MR request.

If you provide substantial fresh evidence, then the MR make take longer to carry out, as there are no time limits.

If you provide basic arguments to the decision, it may be dealt with quicker, and you can then move on to the appeal stage, when you may be entitled to assessment rate ESA.

Have a look through the following :

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

There is also an ESA Appeals Guide on this page :

ESA Claims Guides

See also :

Qualifying for the WRAG

&

Qualifying for the Support Group

I hope this helps.

Please reply to this topic if you have any further queries.

bro58

Hi Dawn,
I to scored nil with Atos which I was informed of by the DM in a phone conversation about 2 weeks after my assessment. I then informed the DM that I was waiting for an appointment with my doctor as part of a review by the surgery to up date my records. I do not see my GP often my condition is never going to improve and I live with persistent ataxia and peripheral neuropathy since 2002. I have had 4 assessment for IB and qualified each time.
The DM agreed to give me 3 weeks to provide more information. Which after my appointment with the GP I did. My GP wrote a letter basically stating that nothing had changed, one thing had changed I was £25 worse off.
The letter basically confirmed what was originally in my medical record. This was then followed by another phone call from the DM telling me that I would be placed in the WRAG group. Now awaiting my letter from the DWP 3 weeks since the second call from the DM so that I can ask for a MR to the support group. I would suggest getting more supporting evidence even if its the same.

Hi MJ,

It is entirely up to Dawn as to whether they wish to progress with the MR over the phone.

However, if D does, I would strongly suggest that this is backed up in writing within the given timescale.

bro58

I live in Cardiff and I was contacted by phone by someone at the DWP who asked me if I wanted a mandatory reconsideration. I said 'yes' so she went through the procedure and I gave my reasons why I was challenging the decision. I declined to send any new medical evidence as I don't have any and had to pay £265 last September to get a report from a consultant whom I saw privately. I haven't followed this up with a letter as I didn't when I asked for a mandatory reconsideration after my ESA claim had been turned down. I expect the same thing will happen with my PIP as happened with my ESA claim: I'll have to go to appeal. I was told there is a backlog for MR so it will be some time. I think MR is used as a further delaying tactic.
I also had a bad experience at Citizens' Advice some years ago and have never been back. This website and others specific to your condition provided much better advice.