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Mandatory Reconsideration [Is It?]

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6 years 2 months ago #204894 by DianeM
Mandatory Reconsideration [Is It?] was created by DianeM
Hello,

I’m new to all this malarkey so please excuse any mistakes and also the length of this post. My brother, aged 45, has had learning difficulties since a difficult birth, and scores at 10 or 11 intellectually, He attended a Special School and afterwards was sent to do a series of simple training courses which, looking back, were of no use at all because Gary could not work unsupervised, has no concept of time and could not travel unaccompanied (he used to be picked up in a minibus). Since that time, he has been on benefits.

Late in 2015, the dreaded letter came through the letterbox, along with the multi page form to be completed regarding the changes in the benefit system. I duly filled it out and, in late January 2017, a letter arrived ordering Gary to attend a Face to Face Assessment at Redruth. This was not going to be possible for a few reasons. As well as looking after Gary, I am also a full time carer for my 88 year old mother who has dementia, and who cannot be left alone. Gary could certainly not travel to Redruth on his own on public transport. I cannot get anyone else to stay with my mother for hours on end, especially on a work day, and it would be hours on end as I also would have to use public transport.

I wrote to the assessment people right away, explained the situation and requested a home visit. Some days later, I received a reply informing me that I would need evidence, such as a letter from his GP or health care professional, of Gary's inability to attend. Once again, I complied with the request - at a cost of £10 - and got a letter from the doctor and sent it off. Some time later, another letter arrived which re-arranged the appt for a later date BUT AGAIN IN REDRUTH. Yet again, I sent a letter reiterating my previous comments and awaited a reply. A home visit was finally arranged for 1st June last year.

The assessment went well (or so I thought) and the assessor implied that he was quite happy with the circumstances surrounding Gary’s receipt of benefits and that we “shouldn’t worry about it”. He also said that we would hear from them “in a couple of weeks” (quote). After many months and receiving no notification whatsoever on a decision, we assumed that the status quo would remain. Obviously not, however, as he then received a letter from Jobcentreplus, instructing him to attend a meeting with somebody called a work coach with a view to returning to work. I have no idea where these people think Gary is going to find work when people without disabilities struggle to get a job. I wrote to them immediately, giving them the same reasons why Gary would not be able to attend.

So then we waited. And waited. Gary getting more worried and upset by the day and I had no idea what to tell him. From various internet sites, dealing with this subject, it appears that all claimants suffer from this situation of “not knowing what is going on” and the ones with mental health problems or learning difficulties suffer the most.

So, nearly three months after I wrote the above, another identical letter arrived for Gary, instructing him to attend a meeting on 19th January 2018 with a work coach etc. etc. They neither replied to nor acknowledged my previous letter and are clearly gunning for Gary which has left him in a state of worry and panic. Once again, I wrote to them and explained the situation.

I finally received an email, asking me to contact Jobcentreplus to speak to the work coach. I duly did this last week and she told me that Gary has been placed in the WRAG group and perhaps he should be in the support group? She then said she would contact the DWP for me and ask them to call me. I then got a call from the DWP last Friday afternoon and the woman on the end of the phone gabbled her way through a load of jargon, clearly understanding her own words but she may as well have been talking in Arabic for all I understood. She said that we should have heard about the F2F and she would send me a copy. Fine, I thought, I’ll take it from there. But no, nothing is simple. The copy of the report arrived this morning and that was all. I assumed, wrongly, that there would be more forms to complete or at least some instructions telling me what to do. But nothing. So what am I supposed to do? Do I just write a letter and, if I do, how will that help? I am literally at my wit’s end. It is bad enough coping 24/7 with a dementia patient, let alone having to go through this kind of aggravation for the little bit of money they dole out to Gary. Please can you - anybody - give me some advice? Thank you.

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6 years 2 months ago #204910 by Gordon
Replied by Gordon on topic Mandatory Reconsideration [Is It?]
Diane

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Is anybody your brother's appointee, if not then it might be worth lookin at as it will ensure that all correspoindance from the DWP comes to the appointee making it easier to manage his claim.

www.gov.uk/become-appointee-for-someone-claiming-benefits

If you brother has been placed in the WRAG then he is required to attend Work Focussed Interviews and to particpat in Work Related Activity at risk of his having his ESA sanctioned, be careful how you manage the situation, at the moment he appears to have a sympathetic advisor, but these people are regularly changed.

If it was not clear from the telephone call that they were going to place your brother back in the Support Group, then I would assume that aren't going to do this, so you will need to request a Mandatory Reconsideration, this will be a late request but if you tell the DWP that you have not received the Decision Notice then this should be accepted as Good Cause.

To be placed in the SG he will need to meet one or more the associated criteria, please understand that this is not about his ability to work or not, it is already accepted that he cannot by his placement in the WRAG.

Our ESA Claim guides explains the criteria he will need to meet and the Submissions PDF in the ESA section has a sample MR request you can use as a template, both are on the following link.

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have further questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: DianeM

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6 years 2 months ago #204924 by DianeM
Replied by DianeM on topic Mandatory Reconsideration [Is It?]
Gordon

Thank you for your prompt response. It was suggested that I be Gary’s appointee, to which I agreed, and the work coach said that she would arrange it. You mention requesting an MR, which is what I spoke to the DWP person about and what I assumed would be sent to me, i.e. I thought there would be forms or something but, as mentioned, all I received was a copy of Gary’s F2F assessment report. I noted that his assessor was a physiotherapist who obviously has lots to do with people with learning difficulties. Joking, of course. So, I reiterate my question. Do I just write a letter, similar to your sample, to the DWP? And can I comment on the assessment report where I believe there are errors? I’m so sorry for asking questions that you probably get sick of hearing but, quite honestly, I’m floundering. Thank you.

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6 years 2 months ago #204948 by Gordon
Replied by Gordon on topic Mandatory Reconsideration [Is It?]
Diane

If you feel that there are errors on the report then you should comment on them but realise the route to an award is by showing the he meets the criteria for one, so this should be the focus of your letter.

Your argument about the assessors experience is relevant but you must show that their lack of knowledge has led to an inaccurate report, you cannot assume it.

I would write a letter, do a short paragraph explaining why he meets the criteria for a particular SG activity and then a longer explanation with examples of how he is limited.

Make sure that you read and understand the Descriptors, you need to bring his conditions and limitations to them rather than the other way around, also, many Descriptors have multiple elements and all must be met to meet the criteria.

Lastly don't assume that those assessing him will make the leap from his problems to the Descriptors, you need to lead them there.

Gordon,

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: DianeM

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6 years 2 months ago #204975 by DianeM
Replied by DianeM on topic Mandatory Reconsideration [Is It?]
Gordon

Thank you again. I will try and draft a reply tomorrow.

Diane

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6 years 2 months ago #204983 by DianeM
Replied by DianeM on topic Mandatory Reconsideration [Is It?]
Gordon

While trolling through various paperwork, I have come across a letter sent to Gary from the DWP in January 2017,telling him that he will be moving from DLA to PIP. My question is ‘Is there a difference between the two benefits?’. I looked at the PIP test on this site and it appears quite a lot simpler than the ESA one. I would just like to know if this is a possible error on the part of the DWP or whether it makes no difference. TY

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