Challenging a work capability assessment decision

Summary

If you have been found 'fit for work' when you aren’t, use our free letter tool and guide to ask for a mandatory reconsideration of your ESA or Universal Credit work capability assessment decision. The information in this guide applies to England, Wales and Scotland. It will also be useful for people in Northern Ireland where the rules are the same but the names of the relevant government departments and forms are different. 1 How this guide will help you 2 How the work capability assessment works - descriptors, points and substantial risk 3 What are you going to live on? 4 How to ask the DWP to look at their decision again 5 If one month has already passed 6 How long does a UC/ESA mandatory reconsideration take? 7 About this guide This guide shows you how to ask for a mandatory reconsideration (MR) of your ESA or Universal Credit decision. This is when the DWP look again at the decision to see if the right decision was made. Our guide Appeal a work capability assessment decision shows you how to appeal to an independent tribunal \- the 2nd stage. Most claimants must ask for a mandatory reconsideration before they can appeal to the Social Security and Child Support Tribunal. * All.

Key information

• All Universal Credit claimants and some ESA claimants have to ask for a mandatory reconsideration before you can appeal. ESA claimants can go straight to appeal if this is their first claim for ESA or last time they claimed they were given the benefit.
• Use our free tool to ask for a mandatory reconsideration. It will help you explain your case so that you have the best chance of winning at this stage. Research suggests it more than doubles your chances at this stage.
• To win a mandatory reconsideration, you need to explain which descriptor you meet and why, or if there is any ‘substantial risk’ to you or others. The WCA mandatory reconsideration tool supports you to do this well.
• Ask for a mandatory reconsideration within 1 month or give reasons for the delay. If you give reasons, your request will usually be accepted if it is within 13 months.
• You do not need new medical evidence.
• If your reconsideration is not successful, follow our advice on how to appeal. Most decisions are changed when you appeal.
• closed your application because you didn’t send back the work capability questionnaire in time.
• closed your application because you didn’t attend the assessment without good reason.
• found you are not entitled because your disability or illness does not limit your ability to work enough (in DWP speak, you do not have limited capability for work).
• gave you the wrong award by putting you in the limited capability for work (LCW) group when you believe you meet the criteria to be put in the limited capability for work-related activity (LCWRA) group.
• your work coach understands how your illness or disability affects you, and
• that your claimant commitment reflects your difficulties.

Practical guidance

• Source: Challenging a work capability assessment decision

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