Page 1 of 2 12 LastLast
Results 1 to 10 of 20

Thread: Mandatory Consideration

  1. #1
    Member
    Join Date
    Jul 2015
    Location
    South East
    Posts
    60

    Mandatory Reconsideration

    Hi,

    Well I had an assessment a couple of weeks ago. Received a phone call from DWP yesterday that I missed. But gathered them calling me was not good news. Lo and behold I recived my letter today. I have somehow gone from the support group to 0 points. I have the decision makers letter form ESA65 and managed to phone the DWP just before they closed and requested the ESA85 which I believe is the assessors report? She said it's 24 pages long and will be sent out tomorrow.

    I'm not sure what I need to do next. Contact housing benefit? and claim JSA? I've made an appointment with my Dr for next Thursday. And will ask her to write a letter. I will also be seeing someone form MIND which I do regularly anyway.

    I had 3 supporting letters with me at the assessment she wasn't interested in any of them. I did insist on leaving them but not sure if she has bothered even looking at them. But will send them with my MR. Honestly reading the decision makers report you'd think it was a different person. I do put this down to the assessor though. She was very snooty, unfriendly and not impressed with anything that I said.
    Last edited by Mory; 03-15-2018 at 01:18 PM.

  2. #2
    Member
    Join Date
    Jul 2015
    Location
    South East
    Posts
    60
    I've decided not to claim JSA at least for the time being. I think I will find it a struggle.

    I just suddenly wondered if I have to get a fit note for the period of the mandatory reconsideration? even tho i'm claiming nothing but DLA at present. I'm really not sure what I should be doing tbh. I was at the doctors today and she is going to write me a supporting letter with diagnosis listed for MR/appeal. I'm now wondering if I should have asked her for a fit note in terms of being paid back pay ESA (providing my MR or appeal is successful).

  3. #3
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    5,616
    Sorry, Looks like we all somehow missed this earlier.

    Yes get fit notes for the period of MR, you will need them to claim any backpayment for this period if you win your MR or go to appeal.

    I'm not sure if you would have had to claim JSA or UC, it depends where you live, but if you decided not to claim then it doesn't matter.
    If you do find that you need to make a claim then you need to be careful about which one it would be - JSA would be alright but UC may not be, and you can't chose which to claim.
    (Try to avoid claiming UC at all costs if you can, if you had the SDP with your ESA then claiming UC now could leave you significantly worse off in money terms for the life of your claim - even if you succeed at MR/appeal).

    You should contact your council about your housing benefit, they will have already been told by the DWP that your ESA has stopped and so will also stop your Housing Benefit.
    You need to convert your HB entitlement from the ESA 'passporting' to eligibility on Low Income grounds.
    The council will usually send you a form to fill in and return, but they may do it over the phone.

    Requesting the ESA85 was a good move, this shows what the assessor scored you, and you will be able to compare it with the DM's scoresheet (the ESA65).
    You might also want to ask for the LT54 Decision Makers report.

    Have you requested a MR yet? You only have a month from the decision date to get it in.

    Did you get someone from MIND to help you?

    Remember that ESA assessments/MR/appeal are only about your ability to do any work, you need to concentratate on that (lack of) ability and not on any particular condition or diagnosis.
    Having any particular condition only backs up what you say about your limited ability to work, having a particular condition will not on its own get you ESA (Unless it's terminal).

    I won't go further into MR's and appeals for now to avoid this getting too long.
    Come back with anymore particular questions for more advice.

    It would be helpful if you could tell us if you were getting the SDP (Severe Disability Premium, an extra £62.45 a week) with your ESA?
    That would help for whether you should avoid Universal Credit for now, (and also help me with something else I am researching).
    Last edited by nukecad; 03-15-2018 at 02:08 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  4. #4
    Member
    Join Date
    Jul 2015
    Location
    South East
    Posts
    60
    Thanks Nukecad I guess I'll have to ring the doctors and see if she can do me a fit note.

    I'm not in a Universal credit area thankfully it doesn't come in to place here untill June (or so i'm told). So I would still be able to claim JSA. I have already been warned about claiming UC and the long term consequences of that.

    I went into the council on Monday and spoke to one of their advisers. However as the DWP still hasn't notified them about my ESA claim they aren't able to update their system. He told me to wait until I hear from them by post and then claim nil income. I will keep an eye on it tho as i'm not sure I trust either them or the DWP to be on the ball.

    I am seeing my recovery worker at MIND who was at the assessment with me and one of their specialist advocates next Tuesday. Were going to sit down and put together the written MR - as in going through the descriptors and seeing/explaining where I should have picked up points. I think my recovery worker is keen to put in a complaint too in regard to how she feels that what I spoke about in the assessment was twisted and misrepresented by the assessor. She happens to also be a qualified social worker with 25 years experience and is not happy with it all. Do I need to phone and tell the DWP that I am putting in a MR as well as sending a written MR?

    Yes I was getting SDP. So would have had to avoid UC. Out of interest is SDP paid when your in the WRAG group or only if your in the support group?

  5. #5
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    5,616
    Thanks Mory,

    Seems like you are on top of things.

    You can ring to make the MR or just send it by letter.
    If you do ring be sure to tell them that you are sending written evidence in support, and then don't be too surprised if they don't wait for it before making their decision.
    MR is a bit of a farce so don't expect too much from it, although we have seen more decisions reversed at MR recently.
    Be prepared to go to appeal. (And don't let them try to fob you off with WRAG at MR - if they do then accept the WRAG and then appeal anyway to get back to SG).

    You can have SDP (and/or EDP) with WRAG as long as you qualify (DLA/PIP etc.), it's the ESA having an Income Related entitlement that counts and not which group you are in.

    Thanks for the confirmation that you were getting SDP, it helps to solidify a theory/suspicion that I (and others) have.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #6
    Same thing happened to me support group to 0 points because the assessor ignored evidence that I gave her,good luck.

  7. #7
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    5,616
    Quote Originally Posted by Toby123 View Post
    Same thing happened to me support group to 0 points because the assessor ignored evidence that I gave her,good luck.
    Toby, did you have SDP please?
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  8. #8
    Quote Originally Posted by nukecad View Post
    Toby, did you have SDP please?
    No just support group

  9. #9
    Member
    Join Date
    Jul 2015
    Location
    South East
    Posts
    60
    Quote Originally Posted by Toby123 View Post
    Same thing happened to me support group to 0 points because the assessor ignored evidence that I gave her,good luck.
    Thanks.

    Have you put in for mandatory reconsideration/appeal?

  10. #10
    Member
    Join Date
    Jul 2015
    Location
    South East
    Posts
    60
    I'm slightly confused. I spoke to a MIND advocate who to be fair doesn't deal with claiming benefits just MR's and appeals. I asked him if once you put in for appeal you are placed back on assessment rate ESA and he said - not anymore. They can but it's only at there discretion. Yet looking on the internet the information seems to be - claim JSA and then you can be put onto assessment rate ESA (admittedly you have to ask for this) once you appeal. I'm really unsure now whats correct. I haven't claimed JSA yet but MIND are advising me to. I'm not sure I want to be stuck on it for months and months. Can anyone clarify what is correct?

    MIND do have a benefits adviser from one of the jobcentres but she comes only once a month, so will have to wait awhile to see her.

    Also does anyone know if you can still physically go into a job centre and make a claim for JSA? or do you have to do it over the phone? I had hoped to go into a job centre and take a recovery/support worker with me. as I have issues with using the phone.

Similar Threads

  1. Phoned today to find out about my mandatory consideration
    By unfit in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 18
    Last Post: 12-09-2017, 02:26 PM
  2. Free prescription while ESA Mandatory Consideration
    By Silvy in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 6
    Last Post: 04-24-2017, 06:43 PM
  3. PIP Process advice please re consideration All New To This
    By hetty1 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 2
    Last Post: 11-24-2016, 09:21 PM
  4. doctors letter for esa mandatory consideration
    By dean123 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 2
    Last Post: 09-22-2016, 09:10 AM
  5. How long does a Mandatory consideration take?
    By PlymouthPete in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 3
    Last Post: 08-17-2014, 09:24 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •