Document for requesting a reconsideration

Below you will find an example document for requesting a reconsideration. This was my own document when requesting reconsideration for DLA. It's exactly the same format I would use for ESA (I just don't have my ESA one available to copy). 

When you receive the decision on your ESA, you should receive a document with it called the ESA85 - the 'explanation of reasons'. If you do not receive this, contact the DWP and request it as soon as you can. Once you receive this document:

• Try not to let it get to you. Remember you're just a statistic to them, it's not meant personally. If it makes you emotional, leave it a day to come back to it.
• Go through with a pen, marking each point you disagree with.
• Create a document, type each point you disagreed with into it.
• Go through your evidence, one piece at a time, checking against the points you disagreed with.
• On the document, create a list of evidential statements, that disagree with the points you copied into the document previously. Name the piece of evidence, and quote the part or parts that disagree with their conclusion. (See my example below to understand this better).
• Try to treat it as a business matter. Remain professional. Inserting emotion tends to rub them up the wrong way; what the outcome of the document is, is of no consequence to them, so appeal to them by making it as simple and easy as possible.

Address
Address
Address
Address

National Insurance No.: XX111111X


Date



To whom it may concern,

I’d like to bring a few points to your attention before I present you with my reasons for requesting a reconsideration:
1)    The Decision Maker who spoke to myself and my partner, told my partner that she had not looked at my evidence before making the decision. As such I would like to be sure that the Decision Maker who revisits my case does actually look at the accompanying evidence, please, particularly at the report written by Dr ### ####### whom performed the home medical for ESA.
2)    The ESA medical assessment (from which you have some evidence) was recorded; you are very welcome to have a copy of the recording to use as additional evidence should you believe this to be helpful – please contact me if so. Similarly, both my counsellor and case worker are independent witnesses whom are happy for you to contact them.
3)    This document has been dictated to my partner.

It was been stated that:
I can walk over 50 metres, slowly, in a reasonable manner.
•    I would like to refer you to the ESA Medical Report Form written by Dr ### #######:

• Page 3: “Suffers with Orthostatic Intolerance – where standing or sitting up causes blood pressure to drop. Passes out due to this.”
• Page 4: “Feels knackered on little exertion”
• Page 4: “Seemed tired, exhausted”
• Page 8: “Stood up with physical help”
• Page 8: “Jerky body movements – said felt dizzy and unsteady”
• Page 8: “ Walked few steps with unsteady gait”
• Page 8: “Unable to stand still with eyes closed”
• Page 8: “All reduced movements due to pain, weakness, stiffness”
• Page 29: “Severe functional disability seems likely with mobilising”

•    I would like to refer you to my DLA Application Form:

• Page 10: “Often bed bound and unable to go out”
• Page 11: “Very slow: less than 40 metres a minute.”
•  
• Page 11: “I walk very slowly due to severe, significant, pain in my knees, pelvis, hips. I also have poor balance so unless I walk slowly I fall. I often use a wheelchair when outdoors due to severe fatigue.
• Page 12: “I cannot walk without physical support.”
• Page 12: “I would fall without physical support.”
• Page 12: “I would injure myself without physical support.”
• Page 12: “If I am well enough to go out without using the wheelchair I have to use a walking stick or link arms with another person”.
• Page 12: “I would fall and hurt myself without support.”
• Page 21: “Out in the community I am usually in a wheelchair”
• Page 22: “My muscles are weak, I am in constant pain, my co-ordination is very poor due to constant severe fatigue.”
• Page 22: “I cannot weight bear due to pain, fatigue, and carpel tunnel syndrome in my wrists.”
• Page 22: “My last fall [before filling in the form] was April 25th.” (Please note, that is the date the form was submitted – I fall nearly every day).

It has been stated that:
I don’t need help to use a cooker, use kitchen tools, carry and lift safely, plan a meal, or motivate myself.
•    I would like to refer you to the ESA Medical Report Form written by Dr ### #######:

• Page 4: “Struggles to wash hair and body due to pain.
• Page 4: “Can’t do buttons”
• Page 4: “Unable to cook”
• Page 4: “ May need meat cutting up”
• Page 4: “Unkempt. Very unkempt room and house”
• Page 8: “All reduced movements due to pain, weakness, stiffness”
• Page 12: “Reduced power grip – point weakness” (nb, I drop things)
• Page 12: “Reduced power both arms – point weakness”
• Page 29: “Severe functional disability seems likely with mobilising”

•    I would like to refer you to my DLA Application Form:

• Page 14: “My concentration is poor”
• Page 17: “I need a lot of encouraging and prompting to get out of bed as I am constantly exhausted.
• Page 17: “I need reminding it is time to go to bed.”
• Page 17: “Most days I don’t get up until between 11 and noon” [if I get up].
• Page 17: “I wear the same clothes for days at a time as it is too exhausting for me to dress.”
• Page 17: “I often wear my nightclothes or wear my day clothes to sleep in.”
• Page 22: “My muscles are weak, I am in constant pain”
• Page 23: “Somedays I cannot cut up food as my fingers are so weak and my wrists are painful.”
• Page 23: “I need constant reminding to eat and drink as [..] it is too much effort.”
• Page 24: “I cannot open blister packs / medicines due to pain and my fingers and wrists.” {And I cut my tongue on one yesterday).
• Page 24: “I need reminding to take my medication as I am very confused by fatigue.”
• Page 28: “I am too fatigued to cook.”
• Page 28: “My concentration is very reduced and I forget I am cooking and burn food.”
• Page 28: “ I cannot lift hot pans due to weak muscles and carpel tunnel.”

It has been stated that:
I do not need help getting in and out of bed, to wash and dry myself, to use a bath or shower, to dress or undress, to get up and down stairs, to move about indoors, to eat and drink, to take part in social activities, or to communicate.
•    I would like to refer you to the ESA Medical Report Form written by Dr ### ######:

• Page 3: “has speech impediment at times.”
• Page 3: “has difficulty in crowded rooms”
• Page 3: “sound sensitive, light sensitive”
• Page 3: “Does not get washed and dressed if not going out.”
• Page 3: “Has shower sitting on ground – due to low blood pressure – a day before going out.”
• Page 4: “Struggles to wash hair and body due to pain.”
• Page 4: “Needs help to get dressed.”
• Page 4: “Wears loose fitting clothes.”
• Page 4: “Can’t do buttons.”
• Page 4: “May need meat cutting up.”
• Page 4: “Copes to move indoors holding furniture.”
• Page 4: “Copes to go downstairs on her bottom.”
• Page 4: “Copes to stand up once a day.”
• Page 8: “Stood up with physical help.” [from bed].
• Page 34: “Severe functional disability seems likely with mobilising.”

•    I would like to refer you to my DLA Application Form:

• Page 10: “Wheelchair: cannot self propel due to severe debilitating fatigue.”
• Page 12: “Even if I am well enough to go out without using my wheelchair I have to use a walking stick and link arms with another person. I would fall and hurt myself without support.”
• Page 14: “I suffer from anxiety and need someone with me outdoors as I get distressed.
• Page 14: “My concentration is poor and I can be in danger crossing roads.”
• Page 17: “I need a lot of encouraging and prompting to get out of bed as I am constantly exhausted.
• Page 17: “I need reminding it is time to go to bed.”
• Page 17: “My body clock is very confused.”
• Page 17: “Due to pain I need physical help to get into and out of bed.”
• Page 17: “Most days I don’t get up until between 11 and noon” [if I get up].
• Page 17: “I am in too much pain to often brush my hair.”
• Page 17: “I wear the same clothes for days at a time as it is too exhausting for me to dress.”
• Page 17: “I often wear my nightclothes or wear my day clothes to sleep in.”
• Page 21: “I am often unable to move about indoors at all due to severe fatigue and pain.”
• Page 21: “I am often unable to use the stairs at home.”
• Page 21: “I avoid stairs as I have fallen.”
• Page 21: “I need help to get into and out of my wheelchair due to pain and fatigue and being unable to weight bear.”
• Page 23: “Somedays I cannot cut up food as my fingers are so weak and my wrists are painful”
• Page 23: “I need constant reminding to eat and drink as I cannot bring myself to eat / drink as it is too much effort.”
• Page 25: “I have panic attacks and cannot answer the telephone or deal with strangers.”

It has been stated that:
I am aware of common dangers, not at risk or harming myself, not at risk of aggressive or anti social behaviour, not at risk of falling, not at risk of neglecting myself, and not at risk of danger from dizzy spells or blackouts.
•    I would like to refer you to the ESA Medical Report Form written by Dr  ### ######:

• Page 3: “Suffers with Orthostatic Intolerance – where standing or sitting up causes blood pressure to drop. Passes out due to this.”
• Page 8: “Jerky body movements – said felt dizzy and unsteady.”
• Page 8: “Declined squat – due to feeling unsteady and weak”
• Page 34: “Severe functional disability seems likely with mobilising”

•    I would like to refer you to my DLA Application Form:

• Page 11: “I also have poor balance so unless I walk slowly I fall.”
• Page 12: “I would fall and hurt myself without support.”
• Page 13: “Yes, I fall and stumble when walking outdoors.”
• Page 13: “Poor balance, severe extreme debilitating fatigue and pain.” [cause me to fall and stumble].
• Page 13: “I stumble constantly, and have a ‘proper fall’ every 1 – 2 weeks.”
• Page 13: [I need help after a fall because] “I am disorientated, unsteady, and in significant pain.”

It has been stated that:
“I do not need help to sleep comfortably or to adjust bed covers”
•    I would like to refer you to the ESA Medical Report Form written by Dr  ### ######:

• Page 4: “Can’t do buttons”
• Page 4: “Unkempt. Very unkempt room and house”
• Page 4: “Feels knackered on little exertion”
• Page 8: “All reduced movements due to pain, weakness, stiffness”
• Page 12: “Reduced power grip – point weakness” (nb, I drop things)
• Page 12: “Reduced power both arms – point weakness”
• Page 22: “My muscles are weak, I am in constant pain”

•    I would like to refer you to my DLA Application Form:

• Page 29: “I awake in pain and cannot get comfortable.”
• Page 29: “I get distressed during the night and ruminate on post issues of abuse in my life.”

•    I would like to mention that while none of the evidence says I need help to sleep comfortably, I never do sleep comfortably. Even sleeping medication and night pain meds (which you’ll find listed on the form and the ESA medical report) do not help me sleep properly.

It has been stated that:
“I am aware of common dangers, not at risk of harming myself and not at risk of anti social behaviour”
•    I would like to refer you to the ESA Medical Report Form written by Dr  ### ######:

• Page 8: “ Walked few steps with unsteady gait”
• Page 8: “Unable to stand still with eyes closed”

•    I would also like to refer you to the letter from Simon Painter, of MIND:

• “The consequences of these traumatic events left Ms ##### terrified for her life and suicidal.”
• “[..] severe and frequent panic attacks where she lost all sense of reality.”
• “During these panic  attacks Ms ##### would self-harm; scratching, biting, and hitting herself: she would hide and frequently regain awareness in unfamiliar locations.” Note: Mr %%%%% has personally seen the wounds from these attacks.
• “[..] feels at times that she ‘doesn’t want to be here anymore.’.”

•    She hasn’t mentioned it in her supporting letter, but I would like to suggest you call my case worker, ???? ??????, from DIAL, and ask her what happened the first time we met. I am not proud of such moments, but they happen with increasing frequency.

I hope you do not mind me asking that you do not telephone me this time. I am telephobic, as such receiving unexpected phone calls can cause an anxiety attack. This is mentioned on Page 25 of the DLA Application Form. I am currently left alone in the house during the day, which leaves me at risk of anxiety attacks if anything unexpected happens. If the phone call with the previous Decision Maker had been recorded, you would be able to hear a panic attack starting; unfortunately I’m told that no such recording exists. If you do wish to speak to someone who knows me, both ???? ??????? and %%%% %%%%%%% are willing to take a phone call from you.

Kind regards,



Name