No to mandatory reconsideration, what a surprise

Hi all got my mandatory reconsideration letter today they are still saying I am fit for work it's a joke and more stress to flare my lupus up I now have to appeal. My welfare rights lady can't see me until the 1st of November and I only have until the 4th November to appeal so that's extremely frustrating, they are sending me the form for me to fill in and send off . They have made their decision just on how I was on the day which they are not meant to do and they have admitted that some things in the report were not accurate like how they have said I heard a conversation in my ear that doesn't have an eardrum . Welfare rights said I should put in a complaint about the assessment so will do that when dwp ring me back with details on who to complain to .

17 Replies

  • So they admitted the report was inaccurate and still denied it? Is this written down anywhere? Because that definitely needs to be in the tribunal - I'm sorry to hear about this, but mandatory reconsideration was always about adding a further bit of delay onto the tribunal process, and nothing more, really. I hope you find the energy to fight it, and I wish you luck and strength.

  • No they didn't deny it , in my mandatory reconsideration letter they put ' although other comments in the report(the report made after my assessment) might not be strictly accurate ( for example with reference to your hearing ) '.They said I could hear in my ear that has no eardrum and has been sealed up after connection between ear and brain stem had been cut after removal of a tumour, that's more than not strictly accurate they have basically accused me of lying about being deaf in that ear ,they have also said that they have made their decision more on how I performed at the physical examination than anything else , they are not meant to do that , I was on a good day when I went for the assessment and that's all they have based their decision on everything that was put in the report proves that they have just looked at me on the day and decided I am not deaf like I said I was and that there is nothing else wrong with me either I am fit for work even though 4 years ago I was declared unfit for work and put in the support group, it all depends on which idiot you get when you go for these assessments.

  • Has anyone ever phoned the dwp after receiving their mandatory reconsideration letter refusing to change the decision? Is it worth ringing and arguing with them .

  • Did you mean have they denied my reconsideration? Yes they have refused to change their decision despite admitting that things in the report were wrong , they had to admit that they were wrong about what they said about my hearing because I sent a letter from my ent surgeon confirming that I had lost my hearing. Unfortunately many other lies they told I can't prove it is just their word against mine these people just lie and don't put anything that you say in the reports . It says in the guidelines for the WCA that a decision should be made based on all the evidence and should take into account things like exhaustion and the possible variability of the condition and should not be based purely on how the customer is on the day of the assessment. They have said that more consideration was given to how I performed the physical examination on the day , therefore they haven't followed the guidelines.

  • I'm just going through this with PIP but basing it on my physical examination on the day should be interesting as he has lied about tests he carried out! Two years ago the OT that assessed me noted that I only have 10 degrees of Dorsi flexion in my right wrist and this is a big part of why I can't get out of a standard bath unaided, chop vegetables, cannot form a full fist, have poor thumb to forefinger ability etc. The guy has claimed this is now normal despite not testing it ... And it's impossible as this restriction is due to a car crash that after years of physio, steroid injections and operations left the tendons shortened and this has not changed in 20 years and cannot change now. He's also lied about me fetching my crutches to show them to him .. nope I picked up my right crutch to use as I was struggling without it. He's said I told him I can walk a few minutes before needing a short rest - again untrue. He asked me how many minutes I could walk for indoors before I couldn't walk any more. He stressed this was inside NOT out and not to the point of pain but to being unable to move at all. I kept stressing this wasn't relevant as my claim hinges significantly on my severe photosensitivity which flares my lupus joint pain in uv light and causes solar urticaria to all visible lighting. My house has specialist film on my Windows so inside my house does not recreate the problems and since when does me saying I couldn't move at all after a couple of minutes equate to needing a brief rest?? He's commented on my walking ability in relation to lupus and osteoarthritis but hasn't made any account of my hip bursitis or photosensitivity. Despite a 12 page letter ripping his report to pieces as there are numerous other inaccuracies and lies (such as saying I wear glasses when I don't) I'm expecting the reconsideration to be rejected.

    I agree it's a lottery in who you get. First assessment I had an OT who understood my conditions and was fantastic. Her report was very accurate and although she didn't agree with me on some areas her report was overall spot on. This time it was a paramedic who spent the majority of the time testing my mental capability and reporting on this despite this having already been noted as not an issue on my questionnaire, accompanying letter, no sign of any cognitive problems in any doctors or hospital reports or in the previous report. Totally different experience!

    As stressful as it is don't let these tactics deter you. Hope your appeal goes well and I'll watch the outcome with interest x

  • I will let you know , I am just writing back to the person who did the mandatory reconsideration telling him I am complaining about the lies in my report after assessment, won't make a jot of difference I know but doing it anyway then I will appeal . I have not had my DLA changed to pip yet I've still got that joy to come , it's amazing how many people on here have got zero points at these assessments although not so amazing when you realise they just lie to get people off benefits. Good luck getting your pip you are entitled to it keep appealing if you don't get it .

  • Thankfully they haven't removed my payments but have reduced me to 8 points on daily meaning I only just qualify when I was on 11 points 2 years ago when I wasn't as bad as I am now - guess which one was done by someone with knowledge of lupus! Based on my own assessment I should be on higher rate and I'd love to know how they think I can walk 50m unaided outside when I can't spend repeated time in the light to begin with.

    I'd heard about ATOS lying on reports but it surprised me how much was in this one - he claims I got my purse out of my big bag when it was actually in a different room on the shelf, I told him I see 4 customers a week on average at various locations (I work from home) when we didn't discuss it at all, I wear reading glasses when I don't ... There were so many I've actually asked them to check its my report! It was like reading about someone else entirely with bits f me thrown in for flavour. The icing on the cake was when I read his report that my skin was smooth and without rashes ... Ummm yep heavily tinted thick as hell Dundee cream will do that! .. And I "looked well" which just totally sums up his complete lack of understanding of auto immune conditions.

    On the flip side my first PIP assessment 2 years ago was really good and she was very helpful so hopefully you'll get one like that. It's wrong that qualifying depends on who's name is drawn out of the hat to assess you though! I think my next one will be recorded with a witness present as trying to be honest and fair doesn't seem to be the best policy.

  • I was advised to complain about my assessment, welfare rights said more people should complain then they might listen., The points system is a complete joke to get points for the descriptors in an esa assessment you would have to be a cabbage unable to move at all . They said they couldn't change the decision because I didn't get any points , I wrote back today and said points are irrelevant I have a chronic life threatening autoimmune disease with irreparable damage to my kidneys and I am on dangerous immunosuppressant drugs . I said thousands of chronically ill or terminally ill people would be able to pick up an empty cardboard box or £1 coin that does not mean they are fit for work. One of the questions says can you pick up those things . They have commented about stupid things like saying I can watch TV , I said someone paralysed from the neck down could watch TV that does not mean they are fit for work, I said you can watch TV in hospital. I explained that my friends husband watched TV when he was dying of a rare form of cancer and she use to say anyone seeing bill sat on the sofa watching TV wouldn't know there was anything wrong with him , he wasn't fit for work he was dying and is now dead. They put in my report that I watched TV for an hour but it made me sleep , so was I asleep or watching TV ? These people just can't think of anything sensible to say , they know nothing about illness they just write lies which is what they are told to do and our government employ these people.

  • Funnily enough when I spoke to the DWP phone line yesterday they to,d me I should submit a complaint about my assessor direct to ATOS as well. It worries me that they didn't doubt d overly surprised and shocked by what I told them though.

    He concentrated a lot on my communication ability - after the 12 page letter I sent (following a previous 9 page one) I'm betting they were wishing I wasn't quite so capable in that area after all lololololol

  • Yes I rang the dwp phone line to ask which company they use in Bolton as the welfare rights man wasn't sure which company it was , there are two companies who do this . The gentleman I spoke to was very nice and said he would send me some claim forms , he even rang me back and said " if you get anymore evidence in the meantime you can still send it whilst waiting for appeal . No evidence makes any difference they have already had loads of evidence, all they base it on is the points and the points you get are based on the lies of the assessor and the decision maker and none of the questions even cover fatigue which is the thing that makes most of us so ill . They won't be surprised about the lies because they tell them to lie . I know someone who's friend worked for atos briefly, she left the job because she didn't agree with what she was being asked to do . I sent a letter to the person who sent my mandatory reconsideration notice thanking him for admitting that there were lies in my report and for more or less admitting that the guidelines were not followed as he had said he acknowledged my comments but the decision had been made mainly on the physical examination on the day , if you look online at the guidelines for esa the work capacity assessment it says they have to take everything into consideration, evidence, pain. Stress , fatigue and the possible variability of the illness and a decision should not just be a snapshot of how the customer was on the day of the assessment x

  • Paragraph 4 on page 16 in the ESA guidelines _ the work capacity assessment ESA214

  • Hi Buffy

    The welfare rights lady can put a note in with your form explaining why it is late as you won't get it to them by date shown!. Don't try doing it yourself as they know how best to word the form. I would think it rare that any reconsiderations work!. Sorry the stress goes on for you, easy to describe how you truly are though!. Best of luck x

  • Hi , Thank-you , they are sending me the forms so that I can send off for an appeal and then they will see me before the appeal i am not sure what I have to write on the form but I will ring for advice before sending it x

  • I am sending a letter to the person who sent the mandatory reconsideration decision explaining that I still do not agree because as they have admitted lies were told in the report and guidelines were not correctly followed . I am going to complain about the assessment as advised by the welfare rights team , they should not be allowed to get away with telling lies .

  • Oh Buffy, I'm so sorry your mandatory decision was declined. I'm hoping you've read my latest post on my decision. Even though I had a fully qualified doctor do my assessment & I had it recorded they still lied! I think they tick boxes & don't read any of the evidence we send in from our consultants or gp's. They use scare tactics by stopping our esa, making you moneyless, leaving you no alternative but to sign on jsa declaring your fit for work. I also am going to put in complains. This needs to change!! With out the support of my family & this site I dread to think what I wld have done. Keep on fighting Buffy & good luck. Keep posting on here, we're all behind you xx

  • Yes you to , did you go to your mp , it is all a disgrace and when you read how many people are going through the same thing if we all complained surely it should help although probably not it seems crazy that this is being allowed to happen. I believe that you can claim your state pension at the age of 62 although at a reduced amount don't know if you have considered that to get these people off your back , we shouldn't have to think about that though but that's the way they make us think , to do what they have done to someone near to retirement is beyond belief what are they hoping to gain . Keep fighting to get what you are entitled to , complain and complain again , we should start a petition on here to get rid of atos and the other company who do these work capacity Assessments, the WCA needs abolishing all together x

  • Hi Buffy, I'm trying to relax the brain and body at the mo. But will be picking myself up during the coming wk & will be finding out who's best to speak to about the ordeal I & others have been put through. There putting people's life's at risk. There must be a better way to do these assessment's! But first I want answers as to why my zero points was overturned over night to 15 points?

    I wasn't aware that I cld claim my pension early, so I need to look into this also.

    Going to be doing a lot of googling & emailing I think 😉 x

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