Mandatory reconsideration

My ESA was stopped last week (due to not having enough points). Before I had managed to gather any evidence and before I had even asked them to, the DWP sent me a mandatory reconsideration notice, saying they had not changed their decision. What can I do about this?

They have basically bypassed any difficulties the mandatory reconsideration might have given them and this now also means I have less time to prepare for the appeal stage.

Any advice would be appreciated.

nemo wrote: My ESA was stopped last week (due to not having enough points). Before I had managed to gather any evidence and before I had even asked them to, the DWP sent me a mandatory reconsideration notice, saying they had not changed their decision. What can I do about this?

They have basically bypassed any difficulties the mandatory reconsideration might have given them and this now also means I have less time to prepare for the appeal stage.

Any advice would be appreciated.

Hi n,

Welcome to Benefits and Work

I gather from what you have written that you had requested an MR of the adverse fit for work decision, and now received The MR Notice (of which there should be two copies) before you have had time to submit further evidence.

If you are sure that you now have The Mandatory Reconsideration (MR) Notice letter informing you that they have not changed the decision, your only option is to appeal directly to The Tribunal Service (TS) using one of the MR Notices, and The SSCS 1 Form.

There is a download link for The SSCS 1 Form on page 12 of our ESA MR & Appeals Guide on This Page.

Whilst on that page you might also want to review our ESA Claims Guides 3rd and 4th links down from the top of the page.

You need to request your appeal within one month of the date of The MR Notice.

Initially, you can just include evidence that you have at the time, and can safely forward further evidence to The TS until a round a fortnight before the actual hearing date.

The DWP sometimes re-look at a cliamant's evidence once they have appealed to The TS, and we have heard from a few members where they have had an adverse decision changed by The DWP after submitting their appeal to The TS.

See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

How to write an appeal submission. DR UK

&

MOJ Video of "mock" ESA Appeals Process and Tribunal

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

bro58

Thanks for your reply.

The thing is, I hadn't actually asked for a MR - they just sent me a notice!

This seems like a new tactic to reduce the number of esa claimants.

nemo wrote: Thanks for your reply.

The thing is, I hadn't actually asked for a MR - they just sent me a notice!

This seems like a new tactic to reduce the number of esa claimants.

Hi N,

Are you sure that you did not mention it in a phone conversation with them ?

This is odd, I would contact ESA and inform them that you have not made a request for an MR yet, and don't understand how/why they have issued an MR Notice.

I would also make a formal written request stating clearly that you wish them to carry out a Mandatory Reconsideration of the adverse fit for work decision.

You may also wish to contact The TS, and inform them that you have received an MR Notice, even though you have not yet officially made a request for an MR :

HMCTS SSCS Appeals Centre
PO Box 1203
Bradford
BD1 9WP

Telephone: 0300 123 1711

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

For ESA you may have to request an escalation to a supervisor/manager which may involve a call back, so the earlier in the day you ring the better.

If possible covertly record any conversations, and make a note of the time, date and name of the people that you speak to.

Sending Documents to the DWP or The TS

Please let us know how you get on !

Contacting your M.P. may be an option if you cannot resolve this :

Contacting your MP

bro58

Ah - I did speak to them on the phone, but all I remember is them asking me if I would appeal and I replied that I might. I think they have twisted my words.

I'll try to get them to reconsider and, if not, appeal.

Thanks for your help

nemo wrote: Ah - I did speak to them on the phone, but all I remember is them asking me if I would appeal and I replied that I might. I think they have twisted my words.

I'll try to get them to reconsider and, if not, appeal.

Thanks for your help

Hi n,

Yes, they will probably count your mention of appeal in the phone conversation as a request for an MR !

However, they should have made this clear to you and given you the opportunity to provide any extra/fresh evidence.

As a back up I would have your SSCS 1 Form ready to go to arrive at The TS no later than the one month deadline.

Please keep us updated.

bro58