Mandatory Reconsideration Query

[Millicent1234]

Morning

I received the result of my ESA telephone assessment and have been given limited capability for work, out of the support group. I'd like to MR it as I can't see how an agoraphobe can make it to the job centre. I was awarded 18 points but they didn't include the assessment report by the decision maker (or the work related fact sheet which I guess was meant to be in there) so I'm not sure what I can appeal on.

I'm wondering if there's an email option to ask for the assessment report. I don't know if anyone has tried to phone recently but takes about ten minutes to get through the DWP menus, I tried waiting another twenty mins on hold but the stress is horrendous and I can't do it. Is there an option to write? I'm concerned we only get a month to ask for an MR.

Thanks

[nukecad]

You can send in a written MR, there is even a form you can download, fill in, and print off:
https://www.gov.uk/government/public...d-pensions-dwp

You send your completed form (or a letter requesting MR), plus any relevant evidence, to the address at the top of your decision letter.

There is an email address given in the notes at the top of that form where you can ask for help if you are having problems with it.
Note that as given there it is now wrong, DWP email addresses no longer contain that '.gsi' bit so if trying it then just 'dwponline.helpdesk@dwp.gov.uk'.

However I don't know if it's still valid at all.

If it is still valid I don't know if they will accept forms sent to that email. I'm also not sure if they will accept a request for your assessment report there.

On a more general note about an ESA MR/appeal -

The points that you get are nothing to do with Support Group. Points only count towards WRAG and 15 points or more puts you in WRAG.
So asking them to look at your points score is not going to help you back into SG.

The 16 descriptors that count for SG don't score points, just meeting any one of them puts you into SG.
There is also a special regulation that puts you into SG if doing work related activity could cause you or others 'substantial risk of harm'.

Do you know what it was that awarded you Support Group last time round?
That is the thing you need to concentrate on for an MR/appeal, why that has not been given again this time.

[Millicent1234]

Ah thanks seems like it's changed from last time. I think the previous SG award came from descriptors 15 and 16 as that's all I apply for ESA on:

Activity 15: Getting about

Descriptor:
(a) Cannot get to any specified place with which the claimant is familiar.
15 Points
(b) Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person.
9 Points
(c) Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person.
6 Points
(d) None of the above apply.
0 Points

And:

Activity 16: Coping with social engagement due to cognitive impairment or mental disorder

Descriptor:
(a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.
15 points
(b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual.
9 Points
(c) Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual.
6 Points

Guessing by the 18 points I scored a b in each one, so maybe I don't need a copy of the Assessment report. I'm not sure whether to ask for MR now, although my support therapist is jumping up and down to argue my case. It might be that WRAG is all that's available and I'll have to accept being penalised every time I don't show up for a work interview.

Thanks again nukecad!

[nukecad]

Sorry but - No that is not right.

As I said above the points ONLY COUNT FOR WRAG - they do not count at all for Support Group.

Those 2 descriptors are totally irrelevant to SG.

Forget about points - you could have 30 or 40 points but it still wouldn't put you in SG.
(Even if you could get a thousand points that would not put you in SG).

You need to know which of the non-point-scoring descriptors did award you SG before, and why it has not been applied this time.

EDIT:
From the above you have a list of the descriptors.
Look lower down for the ones that don't have any points with them.
Those are the Support Group ones that you need to be looking at.

[Millicent1234]

Oh sorry I thought they were the same thing, my fault. I guess this one applies:

13. Coping with social engagement due to cognitive impairment or mental disorder.
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.

I'll dig out my old MR files and see if I can find why they changed their minds last time. The whole process is so frustrating, I can't imagine doing any of this without internet access to know what to do and the phone process is horrific.

Thanks again nukecad, your help is very much appreciated.

[nukecad]

Yes, that's one of non-points scoring descriptors that could give you SG.

I'm just trying to save you making the mistake of focusing on the wrong thing(s), MRs and appeals can be lost by focusing on something that isn't important and wouldn't change the outcome anyway.

If you have a previous successful MR/appeal about the same thing (WRAG when it should have been SG) then yes you should be digging any records you have of that out.
If they have made a mistake once they are likely to have repeated it, so the argument that was successful last time would be the way to go again.

If the previous MR/appeal decision mentions "Regulation 35" as the reason for awarding SG then that is also very important.
That regulation if applied trumps all of the descriptors and puts you straight into SG.

[Millicent1234]

I've looked through my old letters and I'm not entirely sure what the DWP did last time. I was put into WRAG so I asked for an MR, the decision maker found no reason to overturn the WRAG. Yet a week later I got a letter saying I was being put into the SG, no mention as to why. I also had a letter from the Tribunal, which I never went for because I was waiting on the MR, saying it had been cancelled as the decision went in my favour. So they didn't make a mistake, they just changed their minds or didn't want it to go Tribunal?

[nukecad]

We've often saw it happen in the past that they didn't actually look at what you sent for MR, but just 'rubber stamped' the original decision.

Then if/when you appealed they actually looked at what you sent for MR, and decided you were right and they would lose at appeal anyway.
It could also very occasionally happen that someone took a second look even if you hadn't appealed.

After much criticism of how MRs were (not) working they don't do that 'rubber stamping' as much now, (they shouldn't do it at all), and a lot more MR's are going in the claimants favour without needing to go to appeal. (Still not enough though).

So whatever you sent for MR last time did work, it just took them a couple of goes at it.