Mandatory Reconsideration

I was awarded indefinite IB and DLA because of mental health problems. I was called for an Atos medical in January this year because of the change to ESA and PIP, I had not received any forms to fill in before my medical.

I got a letter after my medical to say I had been placed in the contribution based Work Related Group.

I sent off a letter asking for a Mandatory Reconsideration.

I received a text on 25/3/2015 saying that they had received my request to review my ESA case and that they would send it to the office that would be dealing with it. They would send me a text within the next 7 days to confirm that they had received it and they would let me know how long it will take to make a decision.

I have not had any text or letter concerning my Mandatory Reconsideration from them since.

This morning I received a letter from Jobcentre Plus asking me to attend a Work-focused interview for ESA in 5 days time.

Will I have to attend this interview even though I have not heard anything about my Mandatory Reconsideration to be placed into the support group.

My daughter in law will have to come with me and she is working that day.

Hi,

Welcome to Benefits and Work


If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ :

My full name is showing, how can I stop it?

---

"I was awarded indefinite IB and DLA because of mental health problems. I was called for an Atos medical in January this year because of the change to ESA and PIP, I had not received any forms to fill in before my medical."

Are you stating that you had a face to face "medical" for ESA and PIP at the same time ?

Further, you should have received an ESA50 Questionnaire prior to your ESA "medical" and a PIP 2 Form prior to your PIP face to face assessment.

You would not usually receive written confirmation that they had received your written MR request.

Once placed into The WRAG, it would be normal to receive a letter to attend a WFI.

However, once they are aware that you have requested an MR of the WRAG decision, they should not refer you to The Works Programme.

You should contact The JCP Adviser and tell them that you have limitations that preclude you from attending The JC Plus Office that being the case.

They can defer WFI's, carry them out in your home, or over the phone.

You cannot insist on the above as it is at the discretion of the JCP Adviser.

You could also provide them with the text to confirm that you have requested an MR.

They may be able to re-arrange the WFI, however, if they insist that you attend, you will face the possibility of Sanctions to your ESA payments if you fail to attend.

See : 12 Month Limit for ESA(CB)

Changes to ESA Sanctions

Work Focused Interviews

&

Work Programme

From our : ESA FAQ’s

There is also guidance on ESA MR/Appeals on : This Page.

See also : Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

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

bro58

Sorry, my medical was for IB to ESA not PIP as stated in my original post.

I did not receive an ESA50 Questionnaire prior to my medical.

Camper wrote: Sorry, my medical was for IB to ESA not PIP as stated in my original post.

I did not receive an ESA50 Questionnaire prior to my medical.

Hi C,

O.K., no problem

Just disregard any reference that I made to PIP in my previous post, but all other information still stands for ESA.

You should have received an ESA50 prior to your face to face "medical" whether it was ATOS or : The Centre for Health and Disability Assessments (CHDA) (Maximus) who took over the ESA WCA Contract from ATOS on 02/03/15.

You could challenge The DWP to make clear what evidence they referred to when making The WRAG decision, if they had no current information, e.g a fresh ESA50 and have only used The ESA85 Medical Report compiled by The Assessor at the face to face medical, and old evidence from your IB claim you could argue that you have not been given the opportunity to provide your own current evidence.

The issue of claimants not receiving an ESA50 prior to a face to face has been at issue with Maximus, as seen these two recent news articles : Here, and Here.

The important issue is to show how and why you should qualify for The Support Group if you feel that you do.

Have a look at The ESA MR/Appeals Guidance that I have already provided a link for, plus :

Qualifying for the Support Group

&

Our ESA Claims Guides 3rd and 4th links down this page :

ESA Claims Guides

You could contact the DWP for an update on your MR request by phone :

THE ESA PHONE NUMBER DWP : 0345 608 8545 Press Option 3 for ESA. (Open 8AM-6PM. Mon-Fri.)

And/or in writing to address of The Benefits Office/Centre on your most recent ESA letter.

Sending Documents to the DWP.

If they have your MR and it is being considered, you can do little more until you receive their decision as a result of The MR in an MR Notice letter.

If this decision is still adverse, you can appeal that directly to The Tribunal Service. (TS)

Please keep us updated.

bro58

bro58 wrote:

Camper wrote: Sorry, my medical was for IB to ESA not PIP as stated in my original post.

I did not receive an ESA50 Questionnaire prior to my medical.

Hi C,

O.K., no problem

Just disregard any reference that I made to PIP in my previous post, but all other information still stands for ESA.

You should have received an ESA50 prior to your face to face "medical" whether it was ATOS or : The Centre for Health and Disability Assessments (CHDA) (Maximus) who took over the ESA WCA Contract from ATOS on 02/03/15.

You could challenge The DWP to make clear what evidence they referred to when making The WRAG decision, if they had no current information, e.g a fresh ESA50 and have only used The ESA85 Medical Report compiled by The Assessor at the face to face medical, and old evidence from your IB claim you could argue that you have not been given the opportunity to provide your own current evidence.

The issue of claimants not receiving an ESA50 prior to a face to face has been at issue with Maximus, as seen these two recent news articles : Here, and Here.

The important issue is to show how and why you should qualify for The Support Group if you feel that you do.

Have a look at The ESA MR/Appeals Guidance that I have already provided a link for, plus :

Qualifying for the Support Group

&

Our ESA Claims Guides 3rd and 4th links down this page :

ESA Claims Guides

You could contact the DWP for an update on your MR request by phone :

THE ESA PHONE NUMBER DWP : 0345 608 8545 Press Option 3 for ESA. (Open 8AM-6PM. Mon-Fri.)

And/or in writing to address of The Benefits Office/Centre on your most recent ESA letter.

Sending Documents to the DWP.

If they have your MR and it is being considered, you can do little more until you receive their decision as a result of The MR in an MR Notice letter.

If this decision is still adverse, you can appeal that directly to The Tribunal Service. (TS)

Please keep us updated.

bro58

Hi C,

With regards to requesting all documentation that was used in coming to the adverse WRAG decision over the phone, as it seems that you had a "medical" you could request the ESA85 medical report. (It would be the ESA85A Medical Report if no "medical" face to face took place)

ESA medical – what forms to ask for?

This should include the prognosis, and reasons why you were placed into The WRAG, which may be useful at your next reassessment, if not placed into The SG as a result of the MR.

If you have problems obtaining this, you can make a written request. (SAR)

There should also be an LT54 Form, which may contain useful information.

A description of an LT54 can be found at the bottom of this list :

ESA Forms

There may also be an ESA113 questionnaire, if one was sent to your G.P.

To cover all bases, you could make a SAR for "All" documentation used in coming to The WRAG decision.

You could also pose particular questions, e.g. :

1. Reasons why you were placed into The WRAG, including which of WRAG descriptors were applied. Whether it be one or more of The Schedule 2 Functional Descriptors, or The ESA Regulation 29 Non Functional Descriptor.

2. The prognosis of The WRAG award, and when you should expect to have your next reassessment.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.

bro58

Thank you for the information. bro