failed Atos Medical (2),ESA stopped..advice

Alex wrote: I sent the appeal form and a fit note to DWP the other day,
but today I received another letter from them dated one day after the decision letter (but arrived 6 days after the decision letter)..in the letter they mention I now need to request mandatory reconsideration before I can appeal

now since I sent the appeal GL24 form yesterday,what should I do?
do I need to send another request for reconsideration,or do they treat the GL24 as a reconsideration request?

if I need to send another request,what should I write in the letter?

is there any update or actual experience from a member regarding how long their consideration really takes? there is an article in news section in which they said their aim for 2 weeks?
if it's 2 weeks I prefer to stay without money rather than claiming JSA,with my health issues I really can't do job search and attend JC appointments regularly etc

They should accept the GL24 as an intention to request a Mandatory Reconsideration, but these are early days in a new process, so I would be tempted to send a second letter, with the same information as you had on the GL24 requesting a Mandatory Reconsideration.

As to timescales, the DWP have said 10 working days, but our experience of the Reconsideration process prior to the introduction of MR's is that they can take any time up to six months, at this time we have no understanding of whether the timescales have changed and how.

Gordon

Alex

You have a choice, provide the minimum of information in regard the MR in the hope that it is dealt with as quickly as possible so you can lodge an appeal, or provide a detailed response in the hope of overturning the Decision so that you do not have to wait, possibly six months, for an appeal to be heard.

The key differentiator at the moment seem to be if a claimant provides new evidence, so I do not think that your sending in your reasons for challenging the situation will affect this, however, it is important to realise that this new process has only been in place for five weeks and we have not yet seen anybody come out the other end yet!

Currently we do not have any guides in regard to claiming JSA while waiting for an MR.

You can place restrictions on the type, hours and days that you are able to work, but there are minimum requirements, below which the DWP will refuse JSA, also you are liable to sanction if you fail to meet your commitment.

Other than a quick claim, as far as I am aware former ESA claimants have no additional rights in regard to JSA, you have been found legally Fit for Work (at the moment), and therefore are no different from any other JSA claimant, this of course does negate any limitations that result from your disability or illness.

Gordon