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Fibromyalgia Action UK
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Failed ESA Work Capability Assessment

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.

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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

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

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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

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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.

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Hi sorry to here it seems a common thing on here. now.your MR you would just as well phoneing them for that and tell them over the phone your reasons do that yourself and get cab for appeal there is a time limit check dates there in meantime phone tomorrow if not already got and ask for a copy of assessors report to see the discrepancies and if any LIES and any other evidence they used.and hold of before you phone for M R till you get report.keep an eye on dates .generally not a lot of people get any thing from MR .this will give you more time for appeal and to try get a rep to represent you at appeal or wellfair rights they are busy and cut backs some people not getting any help there cause of this so try hard for the help there go to cab.phone for your MR yourself try get copy of report first.MY advice any letters or new evidence you get and supporting evidence KEEP for appeal not MR they will read them before you go in room at appeal .AT mr they can and do ignore this sometimes then you cannot use at appeal so keep for appeal and at appeal with this and the zero points it will help you the zero points they will know something not right and with letters etc you got better chance with the zero points believe it or not. will help you more .good luck take care and mind go to cab for appeal do that now

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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.

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You can do mr yourself sometimes you cannot get appointment on time with cab and big strike rate for rufusels waste of time but 20% usually do ok but you have an appointment thats good.NO leave it to cab to do for you now they are good at points etc glad you have got help and advice there hopefully they get you the result you deserve take care

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

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Thanks. I will.

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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 .

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I do agree with that as well but send recorded delivery a must there is a time scale 30 days from date on letter so do not leave to long if doing by letter .forms etc is a 100%must photo copyed and recorded for me . At hub lots and lots over phone usually leave till day 20 to get prepared.leter sooner I have seen cases when they say not received and haveing to fight.not all the time but cases do pop up.i tend to think mr a waste of time although the odd one wins .

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If you do send letter my advice would be do not sent additional evidence KEEP for appeal where it will deff be read before you go in.latest fax at hub mandory decision figures esa 2017 is down to 12%that is 88% failure .wait for appeal for evidence to introduce if have any they are getting ignored at mandory decision .this is targets .good luck

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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

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Thanks. I'll have a look at it.

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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.

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Thanks! I won't give up.

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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

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

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

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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.

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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.

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

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

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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.

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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.

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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.

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

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

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