ESA Mandatory Reconsideration FAQs

rogerblack

outtawork wrote: »

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

My understanding is that during the period of MR for ESA - you do not have to provide fit-notes.

You have to provide fit-notes once your MR has finished - and you have appealed to the tribunal
If you wish to go back onto ESA at the assessment rate.

This is one area however I haven't seen any official documentation on, and it's possible the above is incorrect.

One thing that is very certain.
If you do go to claim JSA during your ESA appeal - do not at any point whatsoever say that you are unfit for work, or hand them a sicknote.
If asked simply say that you have been found fit for work, and would like to look for work.
Ask for an appointment with the disability employment officer.
If, eventually, you are sanctioned for not being able to keep your jobseekers agreement - then you need to appeal for hardship payments - see the earlier post of mine I linked.

epitome

rogerblack wrote: »

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.

It doesn't mean 14 days like that, it is 14 days from receipt of MR request to an MR decision being made.

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/MR
April 7 - request for reconsideration arrives at the DWP
April 20 is the target for making the MR decesion, on simple cases where no further evidence is offered or needed to be sought.
April ?? - decesion is made & claimant is sent notice, claimant is not sent appeal form, they get the appeal form from HMCTS.

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

This is a DWP target but it is not enforceable. It may not be widely published but it does exist.

epitome

outtawork wrote: »

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

When you claim JSA you will have to ask your ESA to be closed.

outtawork wrote: »

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

At present this is still unclear, you don't need sicknotes for an MR request or for the next stage... the appeal.... But if you are on JSA and want to return to ESA payments for the appeal it is unclear whether you will need to provide sicknotes from the expiry of your last sicknote OR if only from the date you appealed... i.e. there may be a gap in your sicknotes which may stop payment on appeal if it is not filled in.

rogerblack wrote: »

My understanding is that during the period of MR for ESA - you do not have to provide fit-notes.

You have to provide fit-notes once your MR has finished - and you have appealed to the tribunal
If you wish to go back onto ESA at the assessment rate.

This is one area however I haven't seen any official documentation on, and it's possible the above is incorrect.

One thing that is very certain.
If you do go to claim JSA during your ESA appeal - do not at any point whatsoever say that you are unfit for work, or hand them a sicknote.
If asked simply say that you have been found fit for work, and would like to look for work.
Ask for an appointment with the disability employment officer.
If, eventually, you are sanctioned for not being able to keep your jobseekers agreement - then you need to appeal for hardship payments - see the earlier post of mine I linked.

Well, you could show them your sicknote and say
"The DWP have at this stage overuled this sicknote, however, I am available for work and will comply fully with your requirements under JSA. It is those requirements that I need to discuss with you, I would like to discuss "special rules of JSA" and come to an agreement with you if there can be a reduction in the hours that I am to be available for work due to my disability/illness."
If they are totally inflexible and refuse to give any reduction, you will have to accept that, though you may be able to appeal the decision whilst in the meantime complying with it.