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Reconsideration that wasnt asked for

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11 years 6 months ago #92620 by micksville
Reconsideration that wasnt asked for was created by micksville
I wonder if anyone can advise me on this issue regarding a "reconsideration".
Three weeks ago I wrote the BDC dealing with my ESA award merely to give them an update on what at this stage is only a potential development, namely a possible knee operation which may or may or may not take place around next summer. It's not even sure I can have this operation yet due to complications. I also notified them that in addition to my still needing crutches to move around I had been given a knee brace to support my worsening right knee as it is giving way on me more and more. I wrote the same letter to DLA and stated in both that though there has been no change in circumstances I thought these potential developments, following a long awaited meeting with a consultant were something I would be duty bound to report to the DWP/DLA even though nothing had changed.
The DLA have noted it and it seems will just leave the letter on file at this stage which is what I expected.
ESA has however proven to be more confusing. The call centre tells me the letter has been passed to the WRAG dept in another town, (the one that dealt with my transfer from Incap Ben to ESA last December) for reconsideration. It seems they believe that I have asked for a reconsideration. I have not....Several phone calls gave me several different answers until I demanded a call back from someone at the DWP itself. (It seems the 0845 number on benefit letters gets you through to a call centre where much of the DWP's calls are outsourced to). With the greatest respect the staff at these call centres arent always well trained and apparently arent even all looking at the same info on the screens as an actual DWP staffer when talking to you, or so they tell me.
I recieved a call back yesterday evening and the DWP man, who was very helpful, says he believes the letter shouldn't have been passed to Wrag in the other town and was done so in error. Probably someone didnt quite know why I had written the letter or what I was asking in it so has assumed I am asking for an appeal or reconsideration.
Nowhere in the letter is appeal or reconsideration even mentioned ( I have copy of said letter) and I make it clear I am just affording them the courtesy of keeping them abreast of a potential development and will update them as and when etc.. also mention the consultant giving me an off the shelf knee brace merely for a little extra support but that it hasn't eally changed matters and I still need crutches due to complex isues with both knees, feet and my hip. I am wondering whether they view this a change in circumstances. However, at no point have I asked for a reconsideration or appeal.
The DWP man has put a note on the system saying customer hasn't asked for any reconsideration etc and said he will e mail the necesarry dept this morning too. I trust he will as he seemed quite competent.
He says that as nobody has actioned anything yet it seems the letter is likely sitting in a DM's in tray so one assumes that DM will get the e mail and note on the system before looking at the letter and any reconsideration will be stopped at that point.

My issue is this: If something is actioned anyway what would I do? I understand the DWP can call people for a review anytime and if new questionaires were sent out on that basis I would be duty bound to complete and return them. That goes without saying. However, if this e mail and note does get missed and I recieve paperwork saying Dear Mr. so and so you have asked for a reconsidration... ( as opposed to we are calling you in for a review) What should I then do? Would I be duty bound to fill in the new ESA50 and send medical evidence etc all over again or merely write them and say look I havent asked for a reconsideration and/or appeal and if you think I have I wish to withdraw it anyway?
It seems they think because I am saying my condition has deteriorated I am asking to be put in support group but nowhere in the letter I sent does it say that or ask for it. I am on a long term prognosis in Wrag and not due to be looked at until December of next year 2013 and it is my belief I am in the correct group at the moment. If I did not believe that I would have appealed it in December last year when I was transferred.
I would be grateful for any clarification or advice on this as, with the exception of the geneleman who called me back, the operators on the phone seem to be giving me lots ofconflicting and erroneous info and I am getting nowhere with them and to be honest it's doing my head in.

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  • bro58
11 years 6 months ago - 11 years 6 months ago #92624 by bro58
Replied by bro58 on topic Re:Reconsideration that wasnt asked for
micksville wrote:

I wonder if anyone can advise me on this issue regarding a "reconsideration".
Three weeks ago I wrote the BDC dealing with my ESA award merely to give them an update on what at this stage is only a potential development, namely a possible knee operation which may or may or may not take place around next summer. It's not even sure I can have this operation yet due to complications. I also notified them that in addition to my still needing crutches to move around I had been given a knee brace to support my worsening right knee as it is giving way on me more and more. I wrote the same letter to DLA and stated in both that though there has been no change in circumstances I thought these potential developments, following a long awaited meeting with a consultant were something I would be duty bound to report to the DWP/DLA even though nothing had changed.
The DLA have noted it and it seems will just leave the letter on file at this stage which is what I expected.
ESA has however proven to be more confusing. The call centre tells me the letter has been passed to the WRAG dept in another town, (the one that dealt with my transfer from Incap Ben to ESA last December) for reconsideration. It seems they believe that I have asked for a reconsideration. I have not....Several phone calls gave me several different answers until I demanded a call back from someone at the DWP itself. (It seems the 0845 number on benefit letters gets you through to a call centre where much of the DWP's calls are outsourced to). With the greatest respect the staff at these call centres arent always well trained and apparently arent even all looking at the same info on the screens as an actual DWP staffer when talking to you, or so they tell me.
I recieved a call back yesterday evening and the DWP man, who was very helpful, says he believes the letter shouldn't have been passed to Wrag in the other town and was done so in error. Probably someone didnt quite know why I had written the letter or what I was asking in it so has assumed I am asking for an appeal or reconsideration.
Nowhere in the letter is appeal or reconsideration even mentioned ( I have copy of said letter) and I make it clear I am just affording them the courtesy of keeping them abreast of a potential development and will update them as and when etc.. also mention the consultant giving me an off the shelf knee brace merely for a little extra support but that it hasn't eally changed matters and I still need crutches due to complex isues with both knees, feet and my hip. I am wondering whether they view this a change in circumstances. However, at no point have I asked for a reconsideration or appeal.
The DWP man has put a note on the system saying customer hasn't asked for any reconsideration etc and said he will e mail the necesarry dept this morning too. I trust he will as he seemed quite competent.
He says that as nobody has actioned anything yet it seems the letter is likely sitting in a DM's in tray so one assumes that DM will get the e mail and note on the system before looking at the letter and any reconsideration will be stopped at that point.

My issue is this: If something is actioned anyway what would I do? I understand the DWP can call people for a review anytime and if new questionaires were sent out on that basis I would be duty bound to complete and return them. That goes without saying. However, if this e mail and note does get missed and I recieve paperwork saying Dear Mr. so and so you have asked for a reconsidration... ( as opposed to we are calling you in for a review) What should I then do? Would I be duty bound to fill in the new ESA50 and send medical evidence etc all over again or merely write them and say look I havent asked for a reconsideration and/or appeal and if you think I have I wish to withdraw it anyway?
It seems they think because I am saying my condition has deteriorated I am asking to be put in support group but nowhere in the letter I sent does it say that or ask for it. I am on a long term prognosis in Wrag and not due to be looked at until December of next year 2013 and it is my belief I am in the correct group at the moment. If I did not believe that I would have appealed it in December last year when I was transferred.
I would be grateful for any clarification or advice on this as, with the exception of the geneleman who called me back, the operators on the phone seem to be giving me lots ofconflicting and erroneous info and I am getting nowhere with them and to be honest it's doing my head in.


Hi MV,

Please try and keep your posts to a shorter format, it is very difficult to read in the pre-moderation area, as it appears as one solid block of text.

This can lead to a Mod missing the actual question/s.

I believe the answer to your question is, :

As you have sent information to the DWP regarding a "Change of Circumstances" this may be seen as a request for a supersession to your existing WRAG award, and could therefore trigger a review.

As for all the different geographically placed offices, this seems to be the norm now, in that a claimant may find different aspects of their claim being dealt with by offices many miles away.

bro58
Last edit: 11 years 6 months ago by bro58.

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11 years 6 months ago #92625 by Gordon
Replied by Gordon on topic Re:Reconsideration that wasnt asked for
MV

A Reconsideration or request for an Appeal will not result in a new ESA50 being issued, as both look at the Decision that has already been made on your claim.

That said, if your letter does result in one of the these processes being started, you would be within your rights to make a complaint as you had not in fact requested it be done.

The DWP could, although I think it unlikely from your post, initiate a SuperSession on your claim(s) due to the Change of Circumstances that you have reported, this would result in new claim forms being issued.

Gordon

P.S. Please try not to make such long posts as they are a nightmare to read in pre-moderation as the text formatting is removed :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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