ESA Mandatory Reconsideration FAQs

sja75

From Benefits and Work newsletter:


http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals/mandatory-reconsiderations?utm_source=iContact&utm_medium=email&utm_campaign=Benefits%20and%20Work&utm_content=23+October+2013+newsletter

epitome

How do I ask for a mandatory reconsideration?

You can ask for a mandatory reconsideration in writing or by telephone. There will be details of who to contact and how in the decision notification letter you receive.
If you do ask by phone, we would advise you to follow this up with a letter stating that you asked for a mandatory reconsideration by telephone on whatever date – just in case your call wasn’t logged or recorded.
However you ask, you must do so within the deadline. (There’s more on this above).

Or if doing it by phone simply ask for a callback to confirm receipt of your MR request. If you don't get the callback call again until you do get the callback.

Also, if you asking for an MR by letter or by phone you should have a written statement prepared as to why you think you should have passed.

Also if you call for an MR you will be first encouraged to have a DM callback to explain the decision to you so you can discuss it with the DM. Then you will have the statement of reasons sent ....and THEN you will be able to submit your MR request. by phone.

What other benefits can I claim whilst the mandatory reconsideration is taking place?
If you have not been awarded any rate of ESA at all, whilst the mandatory reconsideration is taking place you will not be able to claim ESA at the assessment phase rate. Instead, you will be forced to claim another benefit, such as Jobseeker's Allowance, if you are eligible or not claim any income replacement benefit at all.
You will still be able to claim other benefits, such as housing benefit whilst the mandatory reconsideration takes place. However, the ending of your ESA may interrupt the payment of other benefits and you will need to contact the agencies that pay them about the change in your circumstances.
No one is "forced" to do anything.

How long does a mandatory reconsideration take?
The short answer is that nobody knows. It will vary from case to case and office to office. The one thing we know for certain is that there is no time limit within which the DWP must carry out a mandatory reconsideration – they can take as long as they choose. If further evidence has to be collected by the DWP, or if they ask you to provide further evidence, then this will prolong the process. Also, if the decision maker thinks they are unlikely to make a more favourable decision they will make up to three attempts to speak to you on the phone before making a decision. Again, this could prolong the process.
How long do they think it will take to make 3 attempts to call you?



There is some evidence that the DWP have set themselves a target of 10 days to carry out mandatory reconsiderations, but this is in no way binding upon them and it would be very surprising if this timescale was met in the majority of cases.
It is actually a target of 14 days (usually that is 10 working days) and it applies to simple cases where there is no further evidence to be submitted or sought.

speedfreek1000

Has anybody discussed the effect this will have on people hit with a failure to attend/participate/send questionaire disallowance if they make a new claim and then fail a new WCA?

Not only will you be without payment until the WCA happens but also for a considerable time afterwards if you fail.

If we take the 13 weeks (if it's not prioritised) for the WCA to happen and the 10 weeks the DWP have stated is their mandatory recon target that's 23 weeks without any income.

Beggers belief tbf!

epitome

speedfreek1000 wrote: »

Has anybody discussed the effect this will have on people hit with a failure to attend/participate/send questionaire disallowance if they make a new claim and then fail a new WCA?

Not only will you be without payment until the WCA happens but also for a considerable time afterwards if you fail.

If we take the 13 weeks (if it's not prioritised) for the WCA to happen and the 10 weeks the DWP have stated is their mandatory recon target that's 23 weeks without any income.

Beggers belief tbf!

The DWP stated target for MR is 14 days not 10 weeks, but it is a "how long is a peice of string" situation. Those people in your scenario who fail the assessment can........ like everyone else... claim JSA if they want to be paid during ESA recon.

outtawork

What if they can't claim JSA, what happens then, they will have no income to live on,

epitome

Precisely, so they will have to claim JSA, no ifs no buts.

If they are lucky enough to have a partner and children then their partner can claim JSA and they won't need to.

rogerblack

epitome wrote: »

The DWP stated target for MR is 14 days not 10 weeks,

Where was this stated?
14 days is barking, barking mad.

April 1 - decision made on claim, and notified by post to claimant.
April 3 - decision letter arrives at claimant, claimant asks someone about it, and decides to appeal.
April 7 - request for reconsideration arrives at the DWP
April 9 - refusal of request for reconsideration, claimant is sent notice including appeal form.

April 11 -claimant sends this to the tribunal service.
April 14 Tribunal service sends letter to DWP that appeal is received.
April 16 - benefit resumes.

The problems are basically that even now, none of these bodies are not relying to any one of these steps in much under a week, never mind 'by return of second class post' as I've assumed in the above. (they do not use first class post)

The only mention of '14 days' I can find is the time that the initial appeal deadline is extended if you request a statement of reasons - if one was not initially supplied.

There are no time limits at all in the process - at any of the steps above.
The only time limit (28 days) comes in after Oct 2015, and is about the timescale of the DWP preparing a response for the tribunals service.
This is _after_ benefit would have resumed.

outtawork

If I sign on & lie to say l am fit for work, doesn't this mean the ESA claim is closed. If l sign on & then get sanctioned for not doing as l am told, what happens to each claim, surely if both claims are running they will both be cancelled.

rogerblack

outtawork wrote: »

If I sign on & lie to say l am fit for work, doesn't this mean the ESA claim is closed. If l sign on & then get sanctioned for not doing as l am told, what happens to each claim, surely if both claims are running they will both be cancelled.

From a legal perspective, you have been found fit for
work, so can in fact legally claim JSA.
(this is problematic)
Claiming JSA during an ESA appeal does not prejudice the ESA appeal.
If you choose, once the tribunal has confirmed to the DWP that they have recieved your appeal, you can then contact the DWP to come back off JSA and go onto ESA assessment rate.

https://forums.moneysavingexpert.com/discussion/comment/63240852#Comment_63240852 goes into this in more detail.

outtawork

So do I still need to provide fitnotes during this time?

Murphybear

There are going to be a lot of people who are found "fit for work" having failed ESA, who find themselves having to sign on for JSA or live on fresh air. Looking for work and fulfilling the JSA rules is going to be difficult for many of those who are genuinely sick or disabled and in many cases may not even be able to get to the Job Centre. Not everyone has a family who can support them. Has the Government really thought this through, or, as a lot of people think, it is just a deliberate attempt to get the benefits bill down hang the consequences!

It is all very well to be told that you can claim other benefits but for many people not entitled to disability benefits there are no other options.

I can see a lot if rent not being paid, as the money will be used for good/utilities.

Rant over