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). The same process applies to being found fit for work on Universal Credit, where a poor WCA result affects your health element rather than an ESA group. 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.

Reading your decision letter and the assessment report

Before you write a word of your reconsideration, get hold of two documents: the decision letter, and the medical assessment report behind it. The decision letter tells you the outcome and the date your one-month clock started. The assessment report - sometimes called the ESA85 or, for Universal Credit, the UC85 - shows the reasoning, including which descriptor the assessor chose for each of the 17 activities and the points they awarded.

If you were not sent the report, ring the DWP and ask for a copy. It is the single most useful thing you can read, because a Mandatory Reconsideration is won by showing exactly where the assessment got your function wrong. Go through it activity by activity and note every place where the recorded descriptor does not match your real difficulties. Common patterns to look for:

• "Observed" contradictions: the report says you "walked to the waiting room without difficulty" or "made good eye contact", and uses that to justify a low score - even though it was a one-off on a good day.
• Activities scored 0 that should not be: a difficulty you mentioned that simply did not make it into the points.
• The reliability test ignored: a task you can do once being treated as a task you can do reliably, repeatedly and safely.
• Fluctuation flattened: your worst days treated as if they were your typical days, or vice versa.

Working out how many points you are short

The reconsideration is a numbers exercise as much as a story. You need 15 points across the activities to be treated as having Limited Capability for Work. Add up the points the assessment gave you, then work out which activities you would need to be re-scored on to reach 15 - or which single activity could reach the Support Group on its own.

This focuses your argument. If the report gave you 6 points and you can realistically argue two more activities at 6 and 9, you are aiming at 21 and you say so. There is no benefit in disputing an activity where you genuinely have no difficulty; it weakens the activities where you do. Concentrate your evidence on the activities that actually move you across the line, and name the exact descriptor you say should apply to each.

A worked example of an MR point

Vague disagreement ("I think the decision is wrong") rarely shifts a decision maker. Tie each point to a named activity, the descriptor you want, and the reason. A model paragraph looks like this:

"On Activity 1, Mobilising, I was awarded 0 points. I disagree. Because of my arthritis and breathlessness I cannot repeatedly mobilise 100 metres without stopping due to significant discomfort. On a typical day I have to stop and rest after about 50 metres, and I could not do this repeatedly through a working day. This meets the 9-point descriptor. The assessor noted that I walked into the assessment room, but that was a single short walk on one of my better days, with a rest immediately afterwards - it does not show I can do it reliably, repeatedly and safely."

That single paragraph does four things the DWP responds to: it names the activity, names the points and descriptor, describes the real difficulty in WCA terms, and directly answers the assessor's reasoning. Repeat that structure for each activity you are challenging.

The reliability and "majority of the time" rules

Two rules win a large share of reconsiderations, and both are easy for an assessor to overlook. First, a descriptor only applies if you can do the activity reliably, repeatedly, safely and within a reasonable time - as a job would demand, not as a one-off. Second, it applies if it fits you for the majority of the time, meaning more than half your days.

If your assessment scored you on your best performance, say so explicitly and explain the typical and bad-day reality. For example: "The report records that I prepared a hot drink, but on most days my hand tremor and fatigue mean I cannot do this safely, and I have scalded myself. I can do it on a good day, which is fewer than half my days." A symptom diary kept over a few weeks turns "it varies" into the kind of concrete, repeated detail a decision maker can act on.

Gathering the evidence that changes decisions

New evidence is the engine of a successful MR, especially anything that was not in front of the original assessor. Aim to collect:

• A GP letter describing your conditions, medication and how they affect what you can do day to day - ideally addressing function, not just diagnosis.
• Consultant or specialist reports confirming severity and treatment for each condition.
• Therapy or support-worker notes - physiotherapy, occupational therapy, community mental health - that describe practical limitations.
• Your medication list, including side effects such as drowsiness or dizziness that affect your function in their own right.
• Your symptom diary, showing the pattern across good and bad days.

When you ask a professional for a letter, ask them to comment on what you cannot do reliably over a working day, not simply to confirm your diagnosis. Evidence that speaks the language of the activities and the reliability test does more work than a label. Our guide to writing a supporting medical evidence letter for ESA sets out exactly what to ask a GP or specialist to include. Do not wait indefinitely for evidence either: if it is going to be late, submit your MR request in time and tell the DWP that supporting evidence is following.

What happens after you send it, and what comes next

Once your request is in, a different decision maker reviews the case. There is no fixed legal deadline for them to finish, so it can take a few weeks or considerably longer depending on the backlog. They can revise the decision fully in your favour, revise it partly (for instance moving you into a group but not the one you wanted), or keep it the same.

If the decision stands, you will be sent a Mandatory Reconsideration Notice. Keep it safe - you need it to lodge a tribunal appeal, and you have one month from its date to do so. The First-tier Tribunal is independent of the DWP and looks at your evidence fresh, and attending in person (rather than relying on a paper hearing) tends to improve the outcome because you can answer the panel's questions directly. Throughout, keep copies of everything you send and note the dates, so that nothing has to be reconstructed from memory if the case goes further.

Official sources

This guide reflects the official Work Capability Assessment rules. For the source material, see:

• GOV.UK - Employment and Support Allowance
• GOV.UK - Health conditions, disability and Universal Credit
• The Employment and Support Allowance Regulations 2013 (Schedule 2 - WCA descriptors)
• Citizens Advice - Employment and Support Allowance

Guidance only, not legal advice. Rules can change - always check GOV.UK for the latest.

Frequently Asked Questions

Step-by-Step: How to Request a Mandatory Reconsideration

You have one month from the date of your decision letter to request an MR.

Step 1: Read your decision letter. Identify every activity where you believe the score is wrong.

Step 2: Write your MR letter. For each challenged activity, explain why the score is wrong and which descriptor should apply.

Step 3: Gather new evidence. Ask your GP, specialists, and therapists for letters addressing how your conditions affect your ability to work.

Step 4: Submit everything by recorded delivery. Keep copies.

What Makes a Successful MR?

• New medical evidence not available at the original assessment
• Demonstrating reliability criteria were ignored - you cannot do it reliably, repeatedly, safely
• Factual errors in the assessment report
• Variability not considered - bad days vs good days

After Submission

The DWP should respond within 14 days (often longer). They can revise the decision, partially revise it, or maintain it. If maintained, you can appeal to a tribunal where success rates are even higher.

Time Limits

Standard: one calendar month. Late requests accepted up to 13 months with valid reason (illness, hospitalisation, not receiving the letter).