ESA Mandatory Reconsideration-illegal?

Thanks for your comments,Derek,and Gordon.

Well,as things stand I don't think I have anything to lose by sending in a letter regarding their mess-ups.I had the feeling they knew they'd done something that broke the rules.So,maybe a slight chance they might reverse it on that.Very slight!

I will prepare for the Appeal in the meantime.From PIP appeal experience,I know that it all goes in the bundle,and will reflect badly on the DWP,ie not sending the health assessment report until they'd actually made the decision.

There definitely seems to be a pattern on the threads of the WCA obtaining information from us that they can use to say we can do things which can be transfered into work skills.The assessor definitely veered the 'conversation' away from health problems and into asking what I can do.The things they used against me were only really them missing out the full story,as I was aware they would try to do this.For example,I did a course of mindfulness at the local health clinic,and was given plants by the psychiatrist,and told that it was very good therapy.I have a very small backyard and this is where I keep the plants.This has been turned into 'he is a keen gardener and works on his garden everyday'!.It's a very good point regarding these hypothetical skills not being relevant to the decision.

I have a mountain of evidence for the Tribunal,and health workers who can provide more statements,just hope it doesn't take too long to the hearing.

I was doing social worker supported permitted work while on ESA,but due to health problems each one didn't work out.It's very debilitating to be made to feel like a 'moocher' like this,and having to 'prove' plainly obvious health problems all over again.If I could work full time without support I would do,I'd be earning a lot more than I was getting on ESA!There was a letter from my previous employer saying I couldn't be kept on,as they believed I was unfit to work and that there were no reasonable adjustments they could make that could justify keeping me on. I can't understand why the DWP ignore these sorts of things,.knowing that they will have to pay once a Tribunal happens

I can sort of understand the government trying to help people to work,or checking that the medical evidence is there.I can't understand or forgive them for putting people with medically proven or obviously life limiting conditions through such awful stress.

Thanks again for your comments.