ESA Mandatory Reconsideration

Hi everyone,

Well, have been in shock since last Thursday.. I found out my esa reassessment decision. After being in the Support Group for 10+ years, I've been moved into the WRAG. I scored zero points (assessor scored this & DM agreed) but they used regulation 29 to put me in WRAG. (I know many people say this, but she was so nice
I have severe agoraphobia, anxiety, depression etc & am housebound (problems for 20+ years).. I had to get a private doctor's letter to get a home assessment.
My health has deteriorated since the decision & my doctor visited me at home.
I am challenging this decision with a Mandatory Reconsideration.
I received an appointment at a jobcentre plus office very quickly, so have to sort out a telephone appointment.
I am positive that the dwp are trying to move people from the Support Group, into the lower paying WRAG. My point scoring seemed deliberate, as I scored nothing for any descriptor. Sent lots of evidence, old reports clearing stating my issues.

I'm currently waiting for the assessor's report. I'm going through the esa guides & concentrating on the descriptors that apply to me, but especially the Support Group descriptors.
I will also challenge that I'm eligible for regulation 35 (though I know the wording & interpretation of this has been changed)... So, I'm going for the points needed & regulation 35.. There is no other choice.

This has never happened to me before, so I now see the stress that others have had, or are having at the moment. I have felt suicidal. It is done to grind people down, so that they give up.
I will write the best Mandatory Reconsideration I can, but I am very worried.

Sending my best wishes to everyone who is going through a similar situation x

Thanks for your reply Gordon
No, I never received any decision letter for my last award (was over 5 years ago since I last filled in a form)... When I rang to request the assessor's report, I did ask whether information was available as to how I qualified for the Support Group last time. Was told this info was not available to them on the system (that it would be filed elsewhere)... I then said that requesting a SAR was the answer then - but because of time constraints I didn't.
I realise that knowing how I qualified before would help, as theoretically I may not have scored points (or enough points) then either... but put through using Regulation 35.
I don't have the time to wait for a SAR (these can take weeks or months, or am I wrong?)
My MR has to be sent in before the end of this month.

Regarding regulation 35, I think then they have made changes, so that (in their opinion) people will not be at substantial risk anymore (they have work related activities listed in guidelines, like keeping a diary etc.. to far more demanding activities)... So, less people will qualify under this regulation, from what I can see.
I'm dreading seeing the assessor's report, & reading her reasoning for each zero points awarded descriptor (this will be the first assessor's report I've seen)....
Thanks Gordon

Hi Gordon,
As mentioned, I'm writing my Mandatory Reconsideration & will be including extra info (am typing it out on pc & will print pages out)... Would it be wrong to state somewhere that if the MR were to be unsuccessful, then I would have no other option but to continue on with a tribunal? I'm worried that just by adding that, it would harm my decision in some way.
I know that may sound silly, but from what I've heard about the percentages that lose at the MR stage (about 80% - due to dwp targets), then maybe I should just go ahead & include it.

Also, I'm going to resend copies of my reports, that were sent with my original esa form. I'm doing this because of something I read in a Rightsnet post. The poster was talking about the dwp MR CRMR1 form & that copies of medical reports previously sent, may have already been destroyed, so not available to the new decision maker looking at your Manual Reconsideration. This sounds logical to me, so will do it. I'm not taking any chances.
Many thanks