Inclusion London’s response to inquiry into mandatory reconsideration for ESA

Inclusion London’s evidence to the Social Security Advisory Committee’s inquiry on decision making and mandatory reconsideration before appeals in DWP and HMRC

Inclusion London provided evidence to the inquiry, here is a summary of the main issues that we raised:

Summary

• The process of applying for ESA can leave Disabled people with little or no income so food, fuel and rental bills become increasingly difficult to pay. Mandatory reconsideration can prolong the process and extend the time Disabled people have little money. Deaf and Disabled People’s Organisations have informed us the number of Disabled people facing eviction and using foodbanks has increased over the last 18 months/2 years, this due in part to the slow process in being found eligible for benefits.
• Medical evidence is a vital part of an application but it can be difficult for Disabled people to get hold of, therefore we recommend that DWP always obtains medical evidence.
• The application form for ESA asks for contacts for the Disabled person’s health professionals but the DWP does not always contact them, this should be clearly stated on the form.
• More information needs to be provided about the MR process, particularly regarding the timescales for submitting further evidence.
• The MR cold calling is extremely distressing for some Disabled people. Notification of when the telephone call will take place needs to given in writing, together with details of the content and purpose of the call.
• Applying for Jobseekers Allowance while waiting for MR notice/appealing a ESA decision poses difficulties for Disabled people because they know they are ‘not fit for work’ because of the impact of their impairments and are therefore not able to fulfil the claimant commitment.

It is vital that the initial decisions are more accurate.  Ultimately we believe the WCA should be abolished and replaced by an assessment co-produced by Disabled people, based on the Social Model of Disability.

Download our full report: 

Inclusion London evidence For SSAC inquiry MR before Appeal ESA (Final)