ESA Mandatory Reconsideration-illegal?

Hello

Received bad news on reconsideration today,regarding ESA decision.

The situation is that the original decision on the 28th of April was made after a WCA.

I immediately called the DWP and requested a copy of the medical report,on the 3rd of May,after a bank holiday.It was the earliest date,and I recorded the call,as advised here.I sent a letter requesting an MR but stated that I would not be able to address all the issues until I had the report.I made it clear in my letter that I couldn't appeal for a recon fully until I received the letter.I stated the timeframe was dependent on this.

I then called another three times over the next three weeks,and only received the medical report last week,on Thursday.I wrote a letter,stating that my appeal was complete,and challenging the inaccuracies in the medical report, adding medical evidence and a letter from a health professional which stated that the things stated at the WCA by Maximus were incorrect.I posted this Friday just gone.

I've today received a letter,dated last Friday saying they had already done the decision,and it was negative.They have not given a chance for the reply to reach them,and the DWP's delay in sending the information to me has led to this decision,without all the facts being present.

Do I have any right to say that the mandatory reconsideration cannot stand,as the DWP did not send the evidence I needed to counteract their decision?Obviously,they have made the decision in full knowledge that they had not sent the medical report,when requested.

I know it seems like it will have to go straight to appeal,but it just seems very illegal.I have kept records of all contact,recorded the first call asking for the medical evidence,almost a month ago,and kept records of all calls requesting the medical evidence.

thank you.

Hello Gordon,I think I am attempting the second MR ,as I had already requested the copy of the health assessment,and stated on my request for MR that I needed the information,and that I couldn't respond until I have it.I recorded several calls with me requesting the information.They sent out the decision out only days after sending the health report.I sent my response before receiving their MR decision.

I know you must get it a lot,but they really are having a laugh.I cannot believe how much the health assessor lied,and the whole MR process has been sloppy on their side.

I would tell people NEVER to mention things they can do,in assessment,as on my report it is the only part they have written down,and have magnified anything I can do into capability for work.
For example,if you have pets,the decison maker will state (they really did!),'could be working in the vets'.

Hello.

I will request a second MR in writing.

I'm finding it difficult to find DWP legal guidance for such matters.

What actually happened is yesterday,I received two phone calls from the DWP.Unfortunately having recorded all calls so far I didn't have the chance to record these.

What happened was both humorous,and worrying.The first DM who called tried to lie about the dates,and presumed because I have mental health issues that I am also unintelligent.She spoke in a very dumbed down manner,and tried to mix up dates of letters/decision etc.She said I had to appeal.She then said another DM would have to call me.

This DM did,then also tried to pull the wool regarding dates,letters,etc,and obviously had no idea.She had to admit I had a right to another decision.However she kept saying that although medical evidence showed that I fit the descriptors,the WCA assessor said that I didn't.If the medical evidence fit the descriptors,why have a WCA?I of course explained the MR had been made before I had received the health assessors report due to their delay,and that the health assessor didn't mention many things we had discussed.Again,she stated that the WCA had decided that I was capable of work and of course I said that they can't make the decision without reading the letter I sent stating a rebuttal to the WCA. When I stated that the WCA said that I wasn't anxious (however we had to stop the assessment for me to compose myself),she quoted things from the WCA which I didn't receive in the report!

She made an attempt to say that even though medical reports and letters fitted the descriptors,that somehow the WCA decision cancelled this out.She then began to ask about descriptors,but not even the ones that I stated applied...on further questioning ,she then began to say 'I'm hanging up now' several times as I tried to explain.I have some problems communicating verbally,and of course was very nervous,but their attitude to this disability were shocking.
She then hung up.

It seems they know they've made an error.

Would you still advise a follow up letter,and maybe a request for the calls from those DM's to be made available,as I'm sure they'd be very embarrassed for them to come out?It seems as though they're just going to ignore any requests anyway,as far as I can tell.

I'm also receiving PIP,but have a review in two months,ie I've had to reapply.I'm very concerned that this will be affected and I will be left with £70 per week to live on,until the appeal.I have to pay part of my rent so will in reality be on £35 per week to live on.While I'm receiving PIP and JSA,I still receive a disability top up.

sorry to leave such a long message,just dazed and confused by all of this.

Hi Stuart,

I don't want to put you off asking for another MR, if that's what you want to do. I would just warn you the the DWP sometimes ignore your arguments in a way that tribunal's can not.

My MR notice simply says that the HCP already addressed the descriptors I contested and so disregarded the points that I made. This makes the MR process nothing more than a formality and delay in appealing.

Interesting that they found that you could work at a vet. My MR notice states that I carry out a range of activities during the day, and the skills required to perform these activities are easily transferable to the workplace. Unfortunately, they neglected to say what activities they were talking about, but I suspect that if you make a cup of coffee in the morning you could work in a coffee shop!

Good luck with your MR/appeal

Derek