Perversely, therefore, MR may mean that it is in the claimant’s best interests to provide as little additional information and evidence as possible during the process (including in the telephone call from the DWP), to minimise the time it takes to issue a MR decision.
If a claimant reclaims ESA pending a MR, it can only be paid pending reassessment under the work capability assessment if six months have passed since it was determined that s/he did not have limited capability for work, unless s/he is suffering from a new or significantly worsened condition.6 Where an ESA disallowance is confirmed following an MR, ESA is payable pending an appeal against a decision that a claimant does not have limited capability for work, unless this was due to the claimant's failing to return the ESA50 questionnaire or attend a medical assessment.7 It is important to submit an appeal following an unsuccessful MR as soon as possible.
If they indicate that they are too sick to work, they will likely be told that they cannot claim or are not entitled to JSA.
This can result in a revolving-door scenario of claimants being told to claim JSA because they are fit for work, and then being told by the jobcentre to claim ESA because they are too sick to work.
It appears, for example, that where a claimant indicates that s/he can submit further written evidence, the decision maker will postpone the MR for a month.