ESA failed assessment what next

I recently had a re-assessment was awarded 6 points only on mobility and zero for all other applicable categories their findings are way off the mark and some findings fictional some important facts missed off completely I have been down this road with dwp before and can't believe I'm having to do it all over again. Do I ask for mandatory reconsideration submitting no further evidence and submit evidence at appeal should it come to that or do I ask for mandatory reconsideration and submit further evidence, do I give points that I am unhappy with or think is wrong or do I not say or write anything and just wait for decision on the mandatory reconsideration. Lots of questions but I want to get it right.

Selina D wrote: I recently had a re-assessment was awarded 6 points only on mobility and zero for all other applicable categories their findings are way off the mark and some findings fictional some important facts missed off completely I have been down this road with dwp before and can't believe I'm having to do it all over again. Do I ask for mandatory reconsideration submitting no further evidence and submit evidence at appeal should it come to that or do I ask for mandatory reconsideration and submit further evidence, do I give points that I am unhappy with or think is wrong or do I not say or write anything and just wait for decision on the mandatory reconsideration. Lots of questions but I want to get it right.

Hi SD,

Welcome to Benefits and Work

As you have been assessed as "fit for work" are you aware that you no longer receive assessment rate ESA whist undergoing an MR ?

You can either sign on for JSA under reduced conditionality of your Job Seekers Agreement which should take account of your limitations.

Or, you can choose not to sign on, in which case you will receive no monies until either your MR is successful, or if not successful your appeal directly to The Tribunal Service is accepted in writing.

In either scenario you should obtain fit notes from your G.P. to cover you from the date of the fit for work decision.

However, keep them safe and do not send them to The DWP.

If it gets to the appeal stage, you can then present them and you should receive back payment of ESA assessment rate from the date of the fit for work decision.

Obviously, you cannot receive arrears of ESA if you have been receiving JSA for the same period.

Have a read through our : ESA MR/Appeals Guidance first, then come back to us if you have any further queries.

As you may know, you have one month from the date of the fit for work decision notice letter to request your MR :

Sending Documents to the DWP.

See also : Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

bro58

Have read guides wish I knew b&w existed might have made things easier. JSA no way have been down that road as well did not take my disabilities into consideration bullied me I left each signing on sesstion in tears felt like stabbing my adviser with her pen cannot put my self at risk by going down JSA route I work part time and have done so for many year, under 16 hours job adjusted to meet my needs only £167. per month have 2 school age children money will have to do whilst I exhaust this process unless their is any other funds available from anyway else.

I received my MRC notice yesterday and the Dwp have not changed the original decision, I am going to submit an appeal and go to tribunal as I did this previously and was successful but do not know if I am entitled to receive any payments whilst waiting for an appeal hearing can you let me know if I am able to receive any payments if so how do I go about asking.

Can you also tell me how I can go about collection medical evidence from my hospital, I have spoken to the pain management team at the hospital who are suppose to be taking care of me and they said that they do not answer any requests from patience for medical evidence and that I should go to my GP but my GP does not have all the information the hospital have on me and my condition and can not give a full account of what is wrong.

Hi SD,

I have merged your post with your previous topic for continuity.

As advised in my response : Here.

Once you have submitted your appeal directly to The Tribunal Service, and they have accepted it you can revert back to ESA Assessment Phase.

See also : Preparing for a Tribunal Appeal Hearing.

How to write an appeal submission. DR UK

&

MOJ Video of “mock” ESA Appeals Process and Tribunal

Please keep us updated on this topic.

bro58

Hi Selina,

I'm sorry that the MR was not in your favour Looking at your previous posts, it appears that this is in relation to a claim for ESA, is that correct? In which case, you will be able to reclaim ESA as soon as the Tribunal Service has formally accepted your appeal. You must send DWP a 'fit note' sick note) covering the dates for which you want to claim - this will be from the date of the adverse decision if you have not claimed JSA meanwhile.

You should be able to obtain a sight of your medical records, and copies of anything useful, via your consultant's secretary. There will probably be a charge for this.

Requesting your medical records

Charging for medical records

If/when you have further questions please reply to this message as it helps us if everything is kept in one place.