Mandatory reconsiderations have begun

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Mandatory reconsiderations have begun

Postby fibro-lu » Fri Nov 01, 2013 12:52 pm

Mandatory reconsiderations have begun


From 28th October 2013, it has become much more difficult to challenge a decision on many benefitsincluding Employment and Support Allowance (ESA) and Disability Living Allowance (DLA). For all decisions dated 28th October or later a Mandatory Reconsideration must take place before an appeal can be lodged.

The system particularly disadvantages ESA claimants,who will not be eligible to receive ESA at the assessment phase rate until the mandatory reconsideration has been completed and they have lodged an appeal. In the meantime, they will have to either try to claim Jobseeker’s Allowance or have no income replacement benefit at all......

see all on

http://www.benefitsandwork.co.uk/news/2 ... have-begun
all the best :cow-wave: Lu
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Re: Mandatory reconsiderations have begun

Postby wendy10 » Fri Nov 01, 2013 3:04 pm

i got my esa stopped they said you can only claim it for a year as my husband was woroking.. even though he on min wage... i use to have 3 jobs... as times got more difficult it went to two then 1 job... then was a stay at home mum with my children.... after being on esa a year it stopped they said they will pay my stamp but that is it as your husband is working... i appealed and sent in medical report from doctors and specialist.. ive got fibro,arthritis,lumbar dysfunction,instability of the hips and spinal curve... but the apeal came back with not entitled to esa benifit.... so im not allowed that or disability... they say im fit to work.. i phoned job seekers to put in a claim but was told im not allowed as was on esa.. and have to wait 1year till i can claim... im either fit or not they cant have it both ways... its all very frustrating,draining,stresful and we are still skint and struggling
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Re: Mandatory reconsiderations have begun

Postby FluppyPuffy » Fri Nov 01, 2013 3:38 pm

wendy10 wrote:i got my esa stopped they said you can only claim it for a year as my husband was woroking.. even though he on min wage...

Have you considered talking to a benefits adviser??? Depending on eligibility, there may be other things you can claim that could help make things a little easier for you and your family.

Places like CAB, DIAL, Welfare Rights have such advisers, and there are often local groups who can offer such advice. Mr Googly should be able to tell you who is in your area that could help, or you could try your local council peoples as they tend to have details, contact info etc for such organisations.
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Re: Mandatory reconsiderations have begun

Postby leigh73 » Fri Nov 01, 2013 4:10 pm

Ive just been to cab today to fill out my esa form as ive had to leave my job as a taxi driver due to fibro & fatigue. The cab obviously hadnt been told the changes then on esa payments as he just told me I would get the allowance for 11 wks then have an atos assessment. Nothing about any changes
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Re: Mandatory reconsiderations have begun

Postby FluppyPuffy » Fri Nov 01, 2013 5:03 pm

leigh73 wrote:Ive just been to cab today to fill out my esa form as ive had to leave my job as a taxi driver due to fibro & fatigue. The cab obviously hadnt been told the changes then on esa payments as he just told me I would get the allowance for 11 wks then have an atos assessment. Nothing about any changes

Am I right in thinking that this is for your first/initial claim?? Is so, then what CAB have told you is right, when you submit your claim, your are paid at the assessment rate, which is just over £70pw, for the first 13 weeks. It is during these weeks that your claim will be looked, with info and reports from GPs, consultants etc being requested (if necessary) and you being asked to attend an Atos assessment (again if necessary). Once all this info and details have been received, your claim will then be passed to a DecisionMaker who will consider everything and issue you with a decision.

The mandatory considerations are what have been brought in for people who disagree with the decision they have been given by the DWP DecisionMaker for their benefit claim. Prior to this change, when someone disagreed with the decision they had been given, they could lodge their appeal directly in the Appeals System, rather than go thru a reconsideration, then have to go thru the appeals process, even tho a reconsideration could actually be considerably quicker than going thru the full appeals process, taking weeks rather than months. And whilst the claimant was waiting to hear about their reconsideration, they would still be receiving the assessment rate paid during the first 13 weeks.

There are a few things that have angered people about these changes coming in. When a claim was sent sent for reconsideration prior to these changes, there was a time frame of 11 weeks in which the aim was for the reconsideration to be done and the claimant be advised of the result. With the mandatory reconsiderations tho, there is no time period stipulated as to how long it could take for it to be dealth with. And whilst going thru the reconsideration process, whereas the assessment rate was paid to the claimant, now this will not happen, meaning the claimant will either have to try and claim something like JSA or have no income from benefits, as Lu has said in her OP.
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Re: Mandatory reconsiderations have begun

Postby leigh73 » Fri Nov 01, 2013 6:58 pm

Thank you fluffypuppy for the reply. It now makes sense to me the way you have worded it. So it may or may not affect me depending on atos outcome. What is going on with this government allowing such changes to happen with no thought how it will affect vulnerable people emotionally physically & financially! Its hard enough just to cope with daily life with illness let alone go through all this paperwork assessments reports etc!
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Re: Mandatory reconsiderations have begun

Postby FluppyPuffy » Fri Nov 01, 2013 8:33 pm

Glad I can still make some sense Leigh :lol: :lol: :lol: :lol: :lol: :lol:
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Re: Mandatory reconsiderations have begun

Postby zappa20 » Sat Nov 02, 2013 5:44 am

leigh73 wrote:Thank you fluffypuppy for the reply. It now makes sense to me the way you have worded it. So it may or may not affect me depending on atos outcome. What is going on with this government allowing such changes to happen with no thought how it will affect vulnerable people emotionally physically & financially! Its hard enough just to cope with daily life with illness let alone go through all this paperwork assessments reports etc!


Under the previous system for anyone on means tested ESA it was possible for people to fail numerous ESA assessments followed by numerous failed Tribunals and keep reclaiming ESA while being paid the £71 assessment rate. IDS got it into his head that people were abusing the ESA claim and tribunal system to avoid having to comply with the JSA conditions. So brought this change in to deter them from doing this and free up the backlogged Tribunal system which can take 12 to 18 months to hear an appeal..

Doesn't help any genuine person much .Only good news is figures show more people are passing the ATOS assessment first time, and more people are being awarded Support Group status.
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