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Thread: A few questions about the mandatory reconsideration process and esa options

  1. #1

    A few questions about the mandatory reconsideration process and esa options

    Hi,

    So just before Christmas I was moved from esa support group to the WRAG with 18 points and just a few days ago done a mandatory reconsideration over the phone. The reason I opted for over the phone was after seeing there is an 87% chance of it failing and speaking to my CAB i decided not to include any drs evidence. Instead I very breifly focused on the support group descriptors I thought I met and that was that. Since then I’ve been reading more and became very worried that I’m going to end up getting parked into Jsa so I have a some questions about the mandatory reconsideration process and my options so here goes.

    Is the whole evidence looked at by the new decision maker including points previously scored, esa85 and return form for original assessment?

    Can you cancel a mantatory reconsideration at any time if you have second thoughts?

    Can you apply for a mandatory consideration after the month is done? And if they ignore it can you still get a tribunal appeal?

    Lastly if you get put off esa WRAG at this stage will you have to go onto jsa or will you be able to get sick note esa?

    If anyone out there knows the answer to any of these questions I’d be incredibly grateful if you gave me some of your time and replied.

    All the best,
    Jamie.

  2. #2
    Its very hard to predict what your outcome will be. But it is true a MR (as well as an appeal) can actually downgrade a WRAG award to FFW, its a risk factor in asking for it to be reconsidered.

  3. #3
    Senior Member nukecad's Avatar
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    In the order that you asked:

    1. It's a different DM that looks at it, but many suspect that they don't look very hard.
    2. I've never heard of anyone cancelling a MR. The DWP can take another look at any decision anyway so would probably just carry on.
    3. Late MR's are possible if there is a reason for being late, and you can then appeal if they refuse the refusal counts as an MR decision. (But the court may not accept the appeal).
    4. It's very unlikely that they would find you FFW at this stage, it's possible but they would have a very hard time defending it to the court when you appeal.
    5. Unless you have enough NI payments it the previous 2 benefit qualifying years then you can't claim JSA, it would have to be UC.
    6. Reclaiming ESA without a new or seriously deteriorated condition would not be possible.
    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
    Quote Originally Posted by nukecad View Post
    In the order that you asked:

    1. It's a different DM that looks at it, but many suspect that they don't look very hard.
    2. I've never heard of anyone cancelling a MR. The DWP can take another look at any decision anyway so would probably just carry on.
    3. Late MR's are possible if there is a reason for being late, and you can then appeal if they refuse the refusal counts as an MR decision. (But the court may not accept the appeal).
    4. It's very unlikely that they would find you FFW at this stage, it's possible but they would have a very hard time defending it to the court when you appeal.
    5. Unless you have enough NI payments it the previous 2 benefit qualifying years then you can't claim JSA, it would have to be UC.
    6. Reclaiming ESA without a new or seriously deteriorated condition would not be possible.
    Hi nukecad firstly thank you so much for answering my questions. I’m a bit confused about the last one though in regards to the sick note esa as was reading that you can get assessment rate esa while appealing to a tribunal with the help of a sick note from your doctor is that true? If I somehow was found ffw I would obviously be going to appeal to a tribunal so being able to receive esa as opposed to moving to jsa or universal credit would be a weight of my mind.

  5. #5
    Senior Member nukecad's Avatar
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    Sorry I was thinking you were talking about making a totally new claim for ESA.

    Yes if you are appealing a FFW decision then you can go back onto ESA assessment rate, with fit notes, once you appeal has been lodged with the court and the DWP have received notification of this - PROVIDED that you have not claimed UC in the meantime whilst in the MR period. (You don't get any ESA during the MR period, but would get it backpaid once you go back onto ESA).
    If you do claim UC then that's it, you can't go back onto ESA rom UC.

    Just to note for completeness that if you have the Severe Disability Premium then as from 16th January you are blocked from claiming UC at all.
    In that case you can claim IR JSA during the MR, and go back to ESA once the appeal is lodged.
    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
    Quote Originally Posted by StormRage View Post

    Is the whole evidence looked at by the new decision maker including points previously scored, esa85 and return form for original assessment?

    Can you apply for a mandatory consideration after the month is done? And if they ignore it can you still get a tribunal appeal?
    1. The whole file the original Decision Maker used to make their decision is transferred to a different service centre for the Mandatory Reconsideration (as far as I can recall from various conversations of late).

    2. Short answer is yes. It will need to be made within 13 months of the decision and for it to be accepted by the DWP, you will have to show good reason as to why you missed the original deadline. If the DWP refuses your request, you can still appeal to the First Tier Tribunal, but again that has to be done within 13 months of the original decision.

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