My esa tribunal won.important points that helped

rogerblack

faddybus77 wrote: »

Hi roger,
After i failed the atos medical i had one month to apply for a manditory reconsideration. This is a rule made by the court,not by dwp. To appeal to the court you must have first asked for a mandatory reconsideration. Dwp must give you this time and cannot do the mandatory reconsideration without your say so giving you time to write what was wrong with the medical and what you do not agree with.

This is wrong.
The decisionmaker can, within one month of the initial decision, on their own initiative reconsider the decision.

This is in addition to you being able to request a reconsideration.

If they request the reconsideration off their own bat, then they can quite legally complete this within the 30 days from the original decision and supply a mandatory reconsideration notice.

Once this mandatory reconsideration is done, you can't ask for another one simply because you diddn't know this was happening, that ship has sailed, and the only thing to do is appeal the decision.

I did check this was legal, and it originally comes from the decisions and appeals legislation around 1998 or so.

Newly_retired

In order to appeal to Tribunal, you need to enclose a copy of the MR notice which gives the revised decision and leave to appeal.