Accurate
Country-specific legal content
Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.
Welfare & BenefitsUnited Kingdom
Free ESA Mandatory Reconsideration Letter Template
An ESA Mandatory Reconsideration is the formal first step in challenging an Employment and Support Allowance decision in the United Kingdom. Use our free UK template to ask the Department for Work and Pensions (DWP) to look at the decision again — within the strict one-month window — with a WCA descriptor-matched argument and, where appropriate, the regulation 29 or regulation 35 substantial-risk exception that often turns a "Work-Related Activity Group" decision into the higher Support Group.
Free to useInstant PDFNo account required
PDF (free) + editable Word (.docx) with Expert
ESA Mandatory Reconsideration Request
Request To Reconsider ESA Decision · 12 May 2026
Rebecca Louise Hartley
7 Willow Crescent, Newcastle upon Tyne NE7 7BB
07700 900615
r.hartley@email.co.uk
12 May 2026
Employment and Support Allowance — Department for Work and Pensions
Employment and Support Allowance, Mail Handling Site A, Wolverhampton WV98 1AA
MANDATORY RECONSIDERATION REQUEST — EMPLOYMENT AND SUPPORT ALLOWANCE
ESA Ref: ESA-2026-NE-553119 | NI: PR 88 44 22 B
Dear Sir or Madam,
I write to request a Mandatory Reconsideration of the Employment and Support Allowance decision dated 28 April 2026 (claim reference ESA-2026-NE-553119). My claim is for new-style Employment and Support Allowance (Welfare Reform Act 2012; Employment and Support Allowance Regulations 2013). The decision under challenge concerns the placement in the Work-Related Activity Group (WRAG) instead of the Support Group. This request is made within the period prescribed by the relevant Decisions and Appeals Regulations 2013 (the prescribed deadline is 28 May 2026).
I write to request a Mandatory Reconsideration of the Employment and Support Allowance decision dated 28 April 2026 (claim reference ESA-2026-NE-553119). My claim is for new-style Employment and Support Allowance (Welfare Reform Act 2012; Employment and Support Allowance Regulations 2013). The decision under challenge concerns the placement in the Work-Related Activity Group (WRAG) instead of the Support Group. This request is made within the period prescribed by the relevant Decisions and Appeals Regulations 2013 (the prescribed deadline is 28 May 2026).
1.
CLAIMANT IDENTIFICATION
Full name: Rebecca Louise Hartley
National Insurance number: PR 88 44 22 B
Date of birth: 23 September 1984
Address: 7 Willow Crescent, Newcastle upon Tyne NE7 7BB
Telephone: 07700 900615
Email: r.hartley@email.co.uk
ESA claim reference: ESA-2026-NE-553119
National Insurance number: PR 88 44 22 B
Date of birth: 23 September 1984
Address: 7 Willow Crescent, Newcastle upon Tyne NE7 7BB
Telephone: 07700 900615
Email: r.hartley@email.co.uk
ESA claim reference: ESA-2026-NE-553119
2.
DECISION BEING CHALLENGED
Type of ESA claim: new-style Employment and Support Allowance (Welfare Reform Act 2012; Employment and Support Allowance Regulations 2013)
Date of decision letter: 28 April 2026
Decision being challenged: placement in the Work-Related Activity Group (WRAG) instead of the Support Group
Current ESA group: the Work-Related Activity Group (LCW)
Group I should be placed in: the Support Group (LCWRA)
Mandatory Reconsideration deadline: 28 May 2026 (one month from the date of the decision)
Date of decision letter: 28 April 2026
Decision being challenged: placement in the Work-Related Activity Group (WRAG) instead of the Support Group
Current ESA group: the Work-Related Activity Group (LCW)
Group I should be placed in: the Support Group (LCWRA)
Mandatory Reconsideration deadline: 28 May 2026 (one month from the date of the decision)
3.
SUMMARY OF DISAGREEMENT
I disagree with the placement in the Work-Related Activity Group. The assessment did not engage with the consultant psychiatrist letter I provided in advance which records active suicidal ideation requiring intensive community follow-up. The Healthcare Professional observed me on a relatively good day and the report does not account for the cyclical nature of my condition.
4.
WCA DESCRIPTOR-BY-DESCRIPTOR DISAGREEMENT
The Work Capability Assessment under the Employment and Support Allowance Regulations 2013 assesses the claimant against the Schedule 2 (Limited Capability for Work) activities — 10 physical activities and 7 mental, cognitive and intellectual activities — and the Schedule 3 (Limited Capability for Work-Related Activity) activities. The qualifying threshold for LCW is 15 points; a single qualifying descriptor in Schedule 3 establishes LCWRA. I disagree with the scoring applied to the activities set out below. For each activity I have stated the score I believe I should reasonably have received together with the underlying factual reason:
Activity 15 (Sch 2) — Coping with social engagement due to cognitive impairment or mental disorder — DWP score: 6 points (descriptor c); the score I submit is correct: 15 points (descriptor a: engagement in social contact is always precluded due to difficulty relating to others or significant distress).
Reason: On the majority of days I cannot engage in social contact even with familiar people without significant distress. My consultant psychiatrist letter of 12 February 2026 records active suicidal ideation triggered by social interaction; the Community Mental Health Team risk assessment confirms this pattern.
Activity 16 (Sch 2) — Appropriateness of behaviour with other people due to cognitive impairment or mental disorder — DWP score: 0 points; the score I submit is correct: 15 points (descriptor a: has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour).
Reason: My partner and CPN both record uncontrollable episodes of disinhibited behaviour on most days. The Healthcare Professional did not ask about this and the daily diary covering January-April 2026 evidences the pattern.
Schedule 3 — descriptor 13: Coping with social engagement — engagement in social contact is always precluded — DWP score: Not applied; the score I submit is correct: Qualifying descriptor for LCWRA.
Reason: The Schedule 3 descriptor applies on the same evidence as Schedule 2 Activity 15 (a). A qualifying Schedule 3 descriptor establishes Limited Capability for Work-Related Activity and Support Group placement.
The Healthcare Professional report relies almost entirely on a single 40-minute observation. The functional history was not taken in any structured way and the consultant psychiatrist letter sent in advance is not referenced. The Schedule 3 descriptor 13 (engagement in social contact always precluded) is the qualifying descriptor for LCWRA and is supported by the evidence pack enclosed.
Activity 15 (Sch 2) — Coping with social engagement due to cognitive impairment or mental disorder — DWP score: 6 points (descriptor c); the score I submit is correct: 15 points (descriptor a: engagement in social contact is always precluded due to difficulty relating to others or significant distress).
Reason: On the majority of days I cannot engage in social contact even with familiar people without significant distress. My consultant psychiatrist letter of 12 February 2026 records active suicidal ideation triggered by social interaction; the Community Mental Health Team risk assessment confirms this pattern.
Activity 16 (Sch 2) — Appropriateness of behaviour with other people due to cognitive impairment or mental disorder — DWP score: 0 points; the score I submit is correct: 15 points (descriptor a: has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour).
Reason: My partner and CPN both record uncontrollable episodes of disinhibited behaviour on most days. The Healthcare Professional did not ask about this and the daily diary covering January-April 2026 evidences the pattern.
Schedule 3 — descriptor 13: Coping with social engagement — engagement in social contact is always precluded — DWP score: Not applied; the score I submit is correct: Qualifying descriptor for LCWRA.
Reason: The Schedule 3 descriptor applies on the same evidence as Schedule 2 Activity 15 (a). A qualifying Schedule 3 descriptor establishes Limited Capability for Work-Related Activity and Support Group placement.
The Healthcare Professional report relies almost entirely on a single 40-minute observation. The functional history was not taken in any structured way and the consultant psychiatrist letter sent in advance is not referenced. The Schedule 3 descriptor 13 (engagement in social contact always precluded) is the qualifying descriptor for LCWRA and is supported by the evidence pack enclosed.
5.
SUBSTANTIAL RISK EXCEPTION
I rely on regulation 35 of the Employment and Support Allowance Regulations 2013 (substantial risk — Limited Capability for Work-Related Activity). The substantial-risk test is to be assessed in the round, including risks arising from travelling to the jobcentre, attending interviews and the workplace itself, applying the principle established in Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 23. The substantial-risk argument is supported by the following:
I rely on regulation 35 of the Employment and Support Allowance Regulations 2013. There would be a substantial risk to my mental health if I were found not to have Limited Capability for Work-Related Activity. The consultant psychiatrist letter and the Community Mental Health Team risk assessment confirm a documented history of suicidal ideation triggered by work-search pressure during a previous JSA claim in 2024. Applying the principle in Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 23, the risk extends to travelling to and from the jobcentre and any work-related activity required by the WRAG commitment.
I rely on regulation 35 of the Employment and Support Allowance Regulations 2013. There would be a substantial risk to my mental health if I were found not to have Limited Capability for Work-Related Activity. The consultant psychiatrist letter and the Community Mental Health Team risk assessment confirm a documented history of suicidal ideation triggered by work-search pressure during a previous JSA claim in 2024. Applying the principle in Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 23, the risk extends to travelling to and from the jobcentre and any work-related activity required by the WRAG commitment.
6.
SUPPORTING EVIDENCE
The following evidence accompanies this request:
— A supporting letter from my General Practitioner setting out the nature, severity and duration of my condition(s).
— A letter from the consultant or specialist responsible for my care confirming diagnosis, treatment and functional impact.
— Fit notes (Med 3 certificates) covering the assessment period.
Comments on the Healthcare Professional report (LCW/LCWRA assessment report):
The Healthcare Professional report records that I "appeared calm and engaged throughout the assessment" — this is inconsistent with my contemporaneous note that I disassociated twice during the assessment and took strong anxiolytic medication immediately afterwards. The report does not reference my consultant psychiatrist letter of 12 February 2026 which was sent in advance. The functional history was not structured around the Schedule 2 or Schedule 3 descriptors.
Other evidence enclosed:
Annex 1 — Consultant psychiatrist letter Dr H Martin dated 12 February 2026 (active care plan with intensive community support); Annex 2 — GP letter Dr S Khan dated 22 April 2026; Annex 3 — Community Mental Health Team risk assessment dated 14 March 2026; Annex 4 — Fit notes (Med 3) from 1 January 2026 onwards; Annex 5 — Daily diary January-April 2026.
— A supporting letter from my General Practitioner setting out the nature, severity and duration of my condition(s).
— A letter from the consultant or specialist responsible for my care confirming diagnosis, treatment and functional impact.
— Fit notes (Med 3 certificates) covering the assessment period.
Comments on the Healthcare Professional report (LCW/LCWRA assessment report):
The Healthcare Professional report records that I "appeared calm and engaged throughout the assessment" — this is inconsistent with my contemporaneous note that I disassociated twice during the assessment and took strong anxiolytic medication immediately afterwards. The report does not reference my consultant psychiatrist letter of 12 February 2026 which was sent in advance. The functional history was not structured around the Schedule 2 or Schedule 3 descriptors.
Other evidence enclosed:
Annex 1 — Consultant psychiatrist letter Dr H Martin dated 12 February 2026 (active care plan with intensive community support); Annex 2 — GP letter Dr S Khan dated 22 April 2026; Annex 3 — Community Mental Health Team risk assessment dated 14 March 2026; Annex 4 — Fit notes (Med 3) from 1 January 2026 onwards; Annex 5 — Daily diary January-April 2026.
7.
REASONABLE ADJUSTMENTS
I rely on the duty under the Equality Act 2010 (sections 20-21 and Schedule 4) for service-providers to make reasonable adjustments for disabled people. In considering this Mandatory Reconsideration I request the following adjustment(s):
I ask that all correspondence relating to this Mandatory Reconsideration be sent in writing rather than by telephone. Telephone contact triggers anxiety and panic episodes recorded in my care plan. Where the Department wishes to discuss anything I ask that it does so by post or via my advocate at the local Citizens Advice.
I ask that all correspondence relating to this Mandatory Reconsideration be sent in writing rather than by telephone. Telephone contact triggers anxiety and panic episodes recorded in my care plan. Where the Department wishes to discuss anything I ask that it does so by post or via my advocate at the local Citizens Advice.
8.
CONCLUSION AND REQUEST
I respectfully request that the Department for Work and Pensions reconsider its decision of 28 April 2026, recognise the evidence summarised above, and revise the decision so as to place me in the Support Group (LCWRA). Please acknowledge receipt of this request and provide a written Mandatory Reconsideration Notice once the review has been completed. I look forward to a favourable response.
YOURS FAITHFULLY,
Rebecca Louise Hartley
Claimant — 12 May 2026
Date: ____________________
CLAIMANT
Rebecca Louise Hartley
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is an ESA Mandatory Reconsideration?
An ESA Mandatory Reconsideration (MR) is a written request asking the DWP to look at an Employment and Support Allowance decision again. Almost every ESA decision in the United Kingdom can be challenged this way, including refusals, Work-Related Activity Group (WRAG) placements where the claimant should be in the Support Group (LCWRA), and overpayment determinations.
Mandatory Reconsideration is a statutory precondition to a First-tier Tribunal appeal anywhere in the UK. You cannot take an ESA decision to the Tribunal without first asking the DWP to reconsider it. Two ESA regimes still coexist in 2026 — old-style ESA under the Welfare Reform Act 2007 and the Employment and Support Allowance Regulations 2008 (for legacy and income-related claimants), and new-style ESA under the Welfare Reform Act 2012 and the Employment and Support Allowance Regulations 2013 (contribution-based ESA claimed alongside Universal Credit). Both regimes share the same Work Capability Assessment (WCA), the same LCW / LCWRA descriptors and the same substantial-risk exceptions in regulations 29 and 35.
In England, Wales and Scotland the ESA reconsideration procedure operates under section 9 of the Social Security Act 1998 and regulation 5 of the UC/PIP/JSA/ESA (Decisions and Appeals) Regulations 2013. A British ESA claimant has the right to request an MR within one month of the decision letter; late requests can be accepted up to an absolute thirteen-month backstop where there is "good reason" for the delay. This template builds the request in the structure the DWP expects and is recognised by HMCTS if the case progresses to appeal.
What's Covered in This Template
Our UK ESA Mandatory Reconsideration template builds a structured letter the DWP decision-maker can act on — claimant identification, the ESA regime under challenge, descriptor-matched analysis and the substantial-risk argument.
Claimant Identification
Your full legal name, address, date of birth and National Insurance number — the data the DWP needs to locate your ESA claim.
ESA Service Centre Address
The return address printed on your ESA decision letter, defaulting to Employment and Support Allowance, Mail Handling Site A, Wolverhampton WV98 1AA.
Old-Style vs New-Style ESA Switch
Selects whether the claim is old-style ESA under the Welfare Reform Act 2007 / Employment and Support Allowance Regulations 2008 or new-style ESA under the Welfare Reform Act 2012 / Employment and Support Allowance Regulations 2013.
Decision Being Challenged
WRAG placement, no LCW finding, no LCWRA finding, nil-award refusal, overpayment determination or other ESA decision.
Auto-Calculated MR Deadline
The 1-month Mandatory Reconsideration deadline calculated from the decision letter date so the claimant can see at a glance whether the request is in time.
Expert: WCA Descriptor-by-Descriptor Matrix
A structured table covering each contested Schedule 2 LCW activity (10 physical + 7 mental/cognitive) and Schedule 3 LCWRA descriptor — the DWP score, the score the claimant says is correct, and the factual reason for each.
Expert: Reg.29 / Reg.35 Substantial-Risk Argument
A focused argument under regulation 29 (LCW) or regulation 35 (LCWRA) of the ESA Regulations, applying the principle in Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 23.
Expert: Supporting Evidence Pack
A schedule of supporting evidence — GP letter, consultant or specialist letter, fit notes (Med 3), Community Mental Health Team risk assessment, daily diary, medication schedule.
Expert: HCP / WCA Report Critique
A focused critique of the Healthcare Professional / WCA assessment report — inaccuracies, missing evidence, failure to engage with the Schedule 2 or Schedule 3 descriptors.
Expert: Reasonable Adjustments (Equality Act 2010)
A structured request for adjustments under sections 20-21 of the Equality Act 2010 — written-only contact, large-print correspondence, accessible interview format.
Expert: Late MR — Good Reason
Where the request is between 1 and 13 months from the decision, a good-reason statement to satisfy the discretion to admit a late application.
How to Request an ESA Mandatory Reconsideration
Follow these steps to produce a well-structured ESA MR letter in a format the DWP accepts across the United Kingdom.
- 1
Check the Deadline
Note the date printed on your DWP decision letter. The Mandatory Reconsideration must normally be requested within one calendar month of that date. The template auto-calculates the deadline once you enter the decision date.
- 2
Identify Old-Style or New-Style ESA
New-style ESA is the contribution-based form introduced with Universal Credit roll-out. Old-style ESA covers income-related ESA and legacy contributory ESA under the Welfare Reform Act 2007. The procedure is identical for both but the regulation numbers cited differ.
- 3
Draft a Brief Disagreement Statement
Summarise in two to four sentences why the decision is wrong — for example, that the WCA did not consider the cyclical nature of your mental-health condition or that the Schedule 3 descriptor 13 is satisfied.
- 4
Build the Descriptor Matrix (Expert)
For each contested activity, set out the score the DWP gave, the descriptor and points score you say is correct, and the factual reason. A descriptor-matched MR is far more likely to succeed than a generic "I disagree" letter.
- 5
Add the Substantial-Risk Argument Where Applicable
Regulations 29 and 35 of the ESA Regulations allow the claimant to be treated as having LCW or LCWRA where there would otherwise be a substantial risk to health. Following Charlton, the risk includes travel and the work environment, not just the job itself.
- 6
Send to the DWP and Wait for the MRN
Send the completed letter, with evidence, to the address on the decision letter. The DWP will issue a Mandatory Reconsideration Notice (MRN). If the decision is not revised in your favour, the MRN is what you need to appeal to the First-tier Tribunal.
Why Doxuno documents are different
Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.
Always current
Always current with the law
Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.
Free PDF
Print-ready PDF
Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
Word · .docx
Editable Word (.docx)
Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.
Requires Expert one-time unlock or any paid Doxuno subscription.
Legal Considerations — ESA Reconsideration
ESA Mandatory Reconsideration is governed by United Kingdom welfare statutes and either the Employment and Support Allowance Regulations 2008 (old-style) or the Employment and Support Allowance Regulations 2013 (new-style). The framework operates the same in England, Wales and Scotland.
This template is for general information and does not constitute legal advice. Citizens Advice, Advicenow, Mind and Disability Rights UK offer free guidance; specialist welfare advice may also be available through your local law centre.
Reviewed for England, Wales and Scotland
Statutory Framework
Old-style ESA entitlement is governed by Part 1 of the Welfare Reform Act 2007 and the Employment and Support Allowance Regulations 2008. New-style ESA is governed by section 33 of and Schedule 1 to the Welfare Reform Act 2012 and the Employment and Support Allowance Regulations 2013. The Mandatory Reconsideration procedure is set out in regulation 5 of the UC/PIP/JSA/ESA (Decisions and Appeals) Regulations 2013, made under section 9 of the Social Security Act 1998. These provisions apply across the United Kingdom.
WCA Descriptor Framework
The Work Capability Assessment scores the claimant against the Schedule 2 activities (10 physical + 7 mental, cognitive and intellectual) for Limited Capability for Work; the qualifying threshold is 15 points. A single qualifying Schedule 3 descriptor establishes Limited Capability for Work-Related Activity and Support Group placement. Both Schedules appear in the ESA Regulations 2008 (old-style) and the ESA Regulations 2013 (new-style) in materially the same form.
Substantial-Risk Exception
Regulations 29 and 35 of both sets of ESA Regulations operate as safety-valves where the descriptor score falls short — the claimant is to be treated as having LCW or LCWRA where there would otherwise be a substantial risk to the mental or physical health of any person. The Court of Appeal in Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 23 confirmed that the risk must be considered in the round, including risks from travel to the jobcentre and any work-related activity required by the claimant commitment.
Time Limits
A Mandatory Reconsideration must normally be requested within one calendar month of the decision letter. The DWP has discretion to accept late applications up to an absolute backstop of thirteen months where the claimant can show "good reason" for the delay — for example, hospitalisation, bereavement, a mental-health crisis, or postal failure. After thirteen months the DWP has no jurisdiction to revise.
Onward Appeal Rights
If the Mandatory Reconsideration Notice upholds the decision, the next step is a First-tier Tribunal appeal under Schedule 7 of the Child Support, Pensions and Social Security Act 2000 using form SSCS1. HMCTS routes appeals through two separate PO Boxes — England & Wales appeals go to PO Box 12626 Harlow CM20 9QF; Scotland appeals go to PO Box 13150 Harlow CM20 9TT.
Frequently Asked Questions
Build Your ESA Mandatory Reconsideration Request
Produce a structured letter that names the right ESA Regulations, the right Schedule 2 or Schedule 3 descriptor and the right substantial-risk argument. Fill in the details, preview the letter and download as a PDF in minutes.
Free PDF · Editable Word with Expert · No account required