Failed ESA Work Capability Assessment

[WhyCee27]

Has anyone been successful with a Mandatory Reconsideration after scoring 0 for an ESA work Capability Assessment. I went last month and got my letter today. I have Fibro, Raynaud's and Sjogren's and in a lot of pain plus all the other invisible symptoms but look fine on the outside. Where can I get advice on submitting a Mandatory Reconsideration.

[YASMINTINA FMA UK Volunteer]

Hi there I've posted a link that you mite find helpful citizensadvice.org.uk/benef... sorry to hear of your pain and I hope you have some luck getting this reconsidered xx

[WhyCee27 in reply to YASMINTINA]

Thank you! I'll go the CAB office tomorrow for some advice. x

[angiecxx]

im sorry to hear that you didn't get any points I put in for an Mr and they turned me down I got the letter yesterday so im going to appeal against their decision I wrote to the dwp and said I wanted a mr I sent a letter explaining why and how my long term health conditions affect me I also sent a photocopy of a letter from the specialist its stressful having to go through it all but hopefully it will be worth it good luck with your mr I hope they change their minds about your assessment x p.s go to the citizens advice bureau and someone there should be able to help you with your form or there are links on here that can advise you on what to do x

[WhyCee27 in reply to angiecxx]

Thanks Angie! I'll give that a try and will get some advice from the CAB office. It's so difficult for people to understand when you have an invisible illness.

[Mandypandy1969]

You have to write to d.w.p. Explaining why you want a mandatory decision.

[WhyCee27 in reply to Mandypandy1969]

Thanks. I will.

[Rose54]

They do it over the phone as well but I agree with you Mandypandy1969 it best to put in writing so you can take a copy .

[wissey]

Hi if you go on a site called benefits & work they are great they explain what to put in your letter it really helped me going on forum there is so much advice hope this helps

[WhyCee27 in reply to wissey]

Thanks. I'll have a look at it.

[Hidden]

It's really important to ask for a copy of the:

1.assessors medical report and also the,

2. 'statement of decision ' which should indicate the scoring given.

This will enable you to challenge the descriptors appropriately. Take it through to the tribunal if necessary, definitely seek help from CAB or a welfare officer and best of luck. Around 3/4s are successful in their challenges. Whatever you do, don't give up the fight.

[WhyCee27 in reply to Hidden]

Thanks! I won't give up.

[FRreedman]

Ask for Mandatory Appeal, within thirty days of receipt of points notification. Be prepared for a further refusal of ESA. Then submit an appeal to the Tribunal. Collect all information and submit to Tribunal. The wait can be as long as 4 or 5 months for the Tribunal hearing. My own case was 0 points- -0 points - -Support Group. So it is a long drawn out affair, but worth it in the end. Good luck

[WhyCee27 in reply to FRreedman]

Thanks! Sounds like a long time to wait. Did you win in the end?

[FRreedman in reply to WhyCee27]

Yes. I have been in the support group for 2 years

[WhyCee27 in reply to FRreedman]

I'm glad to hear that! I know I've got a fight on my hands and I'm prepared to go all the way.

[Peace2014]

Six years ago my daughter failed her ESA medical we went to tribuneral and came out with 27 points. Seek help from the CAB as you only have a limited time to appeal.

[WhyCee27 in reply to Peace2014]

Thanks! Good news about your daughter. I've already got an appointment with Cab to discuss my case.

[Hhhhuiuikki]

Usually the letter is quite long I guess. Did they tell you why you scored zero?

[WhyCee27 in reply to Hhhhuiuikki]

They did but there were some lies and assumptions in there as well I guess because I can walk ok and I don't look visibly ill. It's so frustrating because the questions are not geared to people like us with invisible illnesses.

[kimbenson21]

Have you tried benefits and work, this is a really good and helpful website. I hope you get all the help you need and your MR comes back in your favour.

[WhyCee27 in reply to kimbenson21]

Thanks. No, I haven't but I will have a look at it. Feeling a bit fed up at the mo because I know I've got a fight on my hands. It's bad enough dealing with my numerous fibro symptoms, I've got this to deal with this stressful situation as well.

[WhyCee27]

Thanks for replying. I've asked for the assessor's report and waiting on it now. Just to confirm, are you saying that it's best to do the MR myself and then get help from Cab for the appeal? I've already booked an appointment with them for help with the MR. I've got a letter from my GP confirming my condition etc...so hopefully that will help with the appeal.

[Mandypandy1969]

from citizens advice bureau or the advice shop if you have one nearby. x

[WhyCee27 in reply to Mandypandy1969]

Thanks! I've go at appointment booked with Cab. I'll also call the FM Association to see what advice they can give.