ESA Mandatory Reconsideration: How to Challenge a WCA Decision

If the DWP has found you Fit for Work or placed you in a lower group than you believe is correct, you can challenge the decision through Mandatory Reconsideration (MR). Around two-thirds of ESA MR decisions are revised in favour of the claimant - so it is well worth challenging.

What is Mandatory Reconsideration?

Mandatory Reconsideration is a formal request for the DWP to look at their decision again. A different decision maker reviews your case, considering any new evidence you provide. You must request MR before you can appeal to a tribunal.

Time limit

You have one month from the date on your decision letter to request MR. This is the date on the letter, not the date you received it. If you are late, you can request a late MR with good reasons (illness, waiting for evidence, etc.) for up to 13 months.

How to request MR

Write to the DWP stating:

• Your name and National Insurance number
• The date of the decision you are challenging
• That you are requesting a Mandatory Reconsideration
• Which activities and descriptors you disagree with, and why
• Any new evidence you are providing

What to include in your MR request

For each activity where you disagree with the score, explain which descriptor should apply and why. Reference the specific wording of the descriptor and explain how your conditions meet it. Use WCA terminology throughout: "the majority of the time," "significant discomfort," "reliably," "repeatedly."

Provide any new evidence: GP letters, consultant reports, fit notes, therapy records. If you did not submit evidence with your original form, this is your chance.

If MR fails: tribunal appeal

If the MR decision is still unfavourable, you can appeal to an independent First-tier Tribunal. Around two-thirds of WCA tribunal appeals are decided in favour of the claimant. The tribunal is an independent panel (usually a judge and a doctor) who look at the evidence fresh. You can attend in person, by phone, or by video.