Mandatory reconsideration

I have Chronic Fatigue Syndrome I was on contribution based ESA which lasts for a year and finished in June. I didn't have my ATOS assessment till July, the assessment found that I was fit for work which I disagree with and am going to ask for a written mandatory reconsideration. Is the anyone with Chronic Fatigue Syndrome who can give me any tips on what to say.

Hi,

Welcome to Benefits and Work

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From your post I am assuming, and please correct me if I'm wrong, that this was a fresh claim for ESA, and not a transfer over from IB, IS or SDA.

You have been in The Assessment Phase, in receipt of CB ESA at The Assessment Rate, (currently £72.40/Week) which has just ceased due to exhausting your 365 days entitlement to payment, :

12 Month Limit for ESA(CB)

and as a result of your ESA WCA face to face assessment in July, you have been found fit for work.

Therefore, payment of CB ESA has now ceased.

You can request a Mandatory Reconsideration (MR) within one month of the date of the fit for work decision notice letter.

This can be done over the phone, but we strongly advise that you back this up with a formal written request for an MR.

See :

Sending Documents to the DWP or ATOS

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

There is also a Guide on ESA MR/Appeals on this page :

ESA Claims Guides

Whilst on the same page, you might wish to review our ESA Claims Guides.

You need to show that your limitations caused by your medical condition, which appears to be CFS, qualify you for either The WRAG and/or The Support Group (SG)

It is the limitations that may or may not qualify you for The WRAG/SG, not the medical condition.

So even though other CFS sufferers are welcome to respond, each individual member will suffer their own individual limitations.

This site may be worth perusing :

www.actionforme.org.uk/get-informed/publications/

Have a look also, at :

Qualifying for the WRAG

&

Qualifying for the Support Group

From our : ESA FAQ’s

As a seperate issue, you may wish to request a copy of The ESA85 Medical Report that would have been compiled at the face to face assessment :

ESA medical – what forms to ask for?

There may also be an : ESA 113 Questionnaire if one was sent to your G.P., and an LT54 Form, details of which can be found at the bottom of this list :

ESA Forms

You can request the above, and "ALL" documentation used in coming to the fit for work decision using a SAR, which should be addressed FAO The DWP Data Controller, at the address of the benefits office on your most recent ESA letter :

SAR Form Download

From this page :

DWP Data Protection Policy

Don't miss your one month deadline to request an MR, if these haven't arrived as The DWP have 40 calendar days to comply with a SAR, once it is received.

You will not receive any payments of ESA whilst the MR is ongoing.

It may be advisable to obtain a fresh "fit note" from your G.P. to cover you from the date of the fit for work decision.

Do not send it in to The DWP though, yet !!!

If your MR is unsuccessful, you should receive a formal written notice informing you of this.

Once you have this, you can then appeal direct to The Tribunal, and once this is accepted, and you then provide the fit note that you have (keep a copy), payment of ESA Assessment Rate may be reinstated from the date of the fit for work decision.

However, as you have exhausted your 365 days of CB ESA, you would need to be financially assessed for entitlement to Income Related (IR) ESA.

This is done by filling in an ESA 3 Form which can be obtained from The DWP.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

You would need to pass the IR ESA "Means Test" with respect to capital, assets, savings, household income and any hours worked by a partner if you have one.

If you have no entitlement to IR ESA, the only way that payment of CB ESA can be reinstated is if you are placed into The SG as the result of The MR/Appeal, or due to a periodic reassessment at some future time.

A lot to take in, I know.

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

bro58

Hi,

Here is a list of the previous forum posts that came up when I put CFS into the site Search Engine :

www.benefitsandwork.co.uk/forum?view=sea...ldforums=1&catids=10

bro58