ESA Mandatory Reconsideration High Court Victory

ESA APPEAL - Benefits and Work members have been thanked by claimant Michael Connor after his victory in the High Court.

The court ruled it is unlawful for the DWP to force ESA claimants to have a mandatory reconsideration before they can lodge an appeal.

Last November Benefits & Work asked readers to help fund an attempt by Connor, who is also a law graduate, to have the mandatory reconsideration process ruled unlawful.

Benefits & Work members responded with great generosity, to the extent that the original target of £3,000 was smashed. Over £7,500 was raised in the end.

Connor had been forced to wait 18 weeks by the DWP whilst they carried out a mandatory reconsideration of his ESA decision. During this time he had no right to claim ESA at a rate paid to claimants once they have successfully lodged their appeal.

The court found that forcing a claimant to wait until an appeal is lodged to be able to receive ESA again was in breach of their right to a fair trial.

Connor had particularly warm words for Benefits and Work readers after receiving the decision:

“The judicial review was only made possible by the support of Benefits and Work members. Without this support ESA claimants would still have to endure the draconian mandatory reconsideration process without any appeal pending benefit. Benefits and Work is the leader in grassroots support for benefit claimants and I am honoured to have their support”

Though with the government’s plans to make judicial review much less available, such cases may soon be a thing of the past.

ABC Note: You can apply for Employment and Support Allowance (ESA) if you have a disability or health condition that affects how much you can work.

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