Mandatory consideration

Hi , I had my esa stopped and was told I am fit for work , I am appealing and sent off for the mandatory reconsideration. I got a letter back saying that they have not changed their original decision but they then say my request will be sent to the disputes resolution team who will look at the decision again . Has anyone else had this , welfare rights say I can't appeal until I get another letter from them saying that they are not changing their decision and this will come in the form of a letter and a copy and with details on how to appeal. I have lupus nephritis level 3 and joint and rash involvement, I have osteoporosis after 14 years on steroids, I am on immunosuppressant drugs so at serious risk of infection, I am deaf in right ear after having a tumour removed , I am on lifelong warfarin after 2 large blood clots one in the brain but I am fit for work, I got zero points x

4 Replies

  • I think they are doing this for almost everyone. I suppose they do it to separate the genuine applicants out and also hope you won't go any further because of stress. It is horrible thinking you cannot get points when you have such definite diagnosis it's almost as if they don't believe you.

    Hang on in there, and go all the way to get your payments reinstated.

    Good luck!

  • They don't believe you treat you like skum even when they have seen hospital letters , I lost my hearing after my acoustic neuroma surgery that's a tumour between brain stem and ear connection, they had to cut the connection to get to the tumour, I later had a leak of brain fluid from the scar and had my ear drum removed and the ear sealed . In the report after assessment they put that I appeared to hear my name when called in the waiting room , so what I still have hearing in my left ear , they went on to say that I heard a conversational voice at 3 metres in BOTH ears and I wasn't even wearing a hearing aid . basically they are saying that I was telling lies about being deaf , and a hearing aid cannot help when I have no eardrum and the connection from ear to brain has been cut . Two pages after writing that he wrote that I had had my eardrum removed in 2013 . I pointed out in my request for the mandatory reconsideration how ridiculous these comments were and sent confirmation letter from my ent surgeon confirming that I had lost my hearing, nothing makes any difference to them . Something needs to be done because this system is disgraceful they are being allowed to stop people's benefits by telling lies and making rubbish up . I am now having to claim jbseekers allowance and sign on every two weeks, my worry is that I will be doing this for the rest of my life if I don't win the appeal because no one is going to give me a job at 56 with all my health problems . Also if you lose the appeal at tribunal are you expected to cover the court costs ?

  • I think some people have been helped by a Disability Advocate. I am not sure how to go about it but I think you can contact Adult Services in your area. They will even go to a Tribunal with you.

    If you have a little spare cash then you could sign up to the Benefits and Work site. I think their annual membership varies from £17-£20 depending if they have a promotion on., just Google.

    Janet is our benefits lady here but I think she is still away at the moment.

    There is always the Citizens Advice although they can get a bit overwhelmed by the number of people seeking help. They have helped me in the past and are completely confidential.

    I know it may feel that you are being victimised especially as you do have a valid case and more, but don't give up, that money is rightly yours. .

  • Thank-you I know I am just one of thousands going through this some far worse health wise than me that's what makes it scary when you see the appalling cases in the news like the young girl with spina bifida who had her benefits stopped and her adapted motability car taken off her just as she was about to go to university, she didn't win her appeal , a soldier who lost his benefits after losing his legs fighting for the country in Afghanistan, people Beng told they are fit for work and then dying shortly after , the day after in one case I don't understand how they are getting away with it other countries wouldn't put up with this there would be a revolution, this country pick on sick and disabled because they know we are too ill to riot , like you said they hope we will give up because of the stress .I have had flares since they stopped my esa but I will not give up because of stress I will go to a tribunal, welfare rights will help me I have heard they are better than citizens advice

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