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Mandatory Reconsideration Letter

  • Sarah Crummey
  • Topic Author
8 years 7 months ago #140158 by Sarah Crummey
Mandatory Reconsideration Letter was created by Sarah Crummey
Hello :)

I received my ESA WCA Decision and wish to ask for a Mandatory Reconsideration. I suffer with severe Depression and Anxiety and don't feel able to phone and discuss it verbally so want to write a letter. I was wanting help in what to include in the letter. I have read the appeals document on here but I couldn't see much information about what to say when requesting a Mandatory Reconsideration.

The decision letter I received includes some information on the decision making but should I ask for the full report to be sent to me before explaining why I want the decision looked at again?

Overall from the information included in the letter I received it appears that the assessor saw what she wanted to see and heard what she wanted to hear. For example I recall being so nervous to the point of tears, I was trembling and fidgeting and struggled to stay seated. I had to reposition myself several times and had to stand up once. I had to take slow deep breaths throughout to enable me to answer questions. My friend who accompanied me also assisted in keeping me calm by talking quietly to me and holding my hand. But what the assessor saw was " For the majority of the time I did not experience significant distress, that though I appeared to be tense I did not make rocking movements and was able to sit still and that I coped well with the interview overall"?

I advised her that the only time I really left the house was to attend my doctors appointments and to the chemist and that I visited/stayed with a friend every other month if I felt able too. The assessor stated that I was able to attend appointments alone and go to the local shops and that I visited with friend twice a month!?

Many of the negatives like having to go to bed due to exhaustion after my appointments and that I often experienced a great deal of anxiety in the waiting room were left out.

If someone could give me some pointers on how to word the initial letter I would be very grateful.

Many thanks.

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8 years 7 months ago #140164 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Letter
SC

Welcome to the forum.

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If you have a look in the ESA section there is an ESA Appeal Submissions guide that has a template letter that you can use to request your MR. You can either include your reasons for the request with this letter or at a later date, however, the request itself should be made within one month of the Decision to avoid additional issues.

You should contact the DWP for a copy of the assessment report if you have not already done so, it will be an ESA85 if you had a face to face and an ESA85A if you did not. I would phone them but follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • apricot
8 years 7 months ago #140564 by apricot
Replied by apricot on topic Mandatory Reconsideration Letter
Hi,
I'm sorry to hear you are going through this.
Get the HCP report as well as the DWP Decision Maker's report, but perhaps give it to your friend who attended to read so that it doesn't go round in your head too much. I found the HCP was the source of almost all the inaccuracies and distortions.
Having said that, I've been advised to concentrate on points and risk for the tribunal, as the judge may not want to hear about things that are wrong in the report.
Best wishes.

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