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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

MR IS THIS A RECORD

SocSec
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welfare benefits/citizens advice//ashfield

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MR requested on 05 February 2014 outcome decision made on 20 August 2014,  revised but only partially so now off to appeal

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Shape of things to come I fear…

What was it in relation to? There are substantial (6 month +) delays with DLA child claim MRs currently.

SocSec
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1964, it was an overpayment of income support related to a CA claim. they did knock off a couple of thousand from teh total due to an error they found in their calcs so worth applying thoughtt he rest of the overpaid is I fear likely to be recoverable

1964
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It’s clearly spreading then.

When MR first came in, ESA MRs locally were on a 3-4 week turnaround but now it’s nearer 3 months. I suppose it is only to be expected. I wonder how long the delays will have to become before someone successfully instigates a JR?

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its a double edged sword, most of the ones I have that are taking ages, and this goes for tax credit appeals also, are cases that may end up with a big overpayment so most clients are happy to put off the final decision and not too keen on me chasing up the dwp or hmrc, is there are downside to this ???

1964
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Its the ones who are really struggling financially that take the brunt of delays in the MR process. Take the disabled child/DLA scenario. I have a client who has a child with CF. She was claiming CA/IS as his carer. His DLA was removed entirely on renewal. The decision is clearly wrong- we’ve lodged MR request along with extremely supportive letters from the child’s GP and consultant and I shall be extremely surprised if the MR fails- but its going to take around 6 months for it to be looked at and in the meantime my client’s CA and IS have ceased. She has a sympathetic GP who has issued her with med certs so she is at least able to claim ESA rather than struggle with the JSA client committment, but her income is significantly less than it was prior to the DLA ceasing (she’s lost the disabled/severely disabled child elements from her CTC as well as everything else). Obviously, even under the old system, said client would have struggled financially whilst waiting for the appeal to be listed but at least she would only have had to go through one process (whereas with MR she will potentially have a further lengthy wait if the decision is not changed and she needs to appeal).

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i have a client who contacted his MP and the MP got a Mr decision through very quickly, worth a try

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As we speak I am having a head-banging session with the call centre re getting my client’s ESA reinstated pending appeal. MR all done and everything, appeal sent the same day (PO special delivery so I know it was received) wait of 3 days so I can check delivery and give tracking number to Glasgow. That done I send request for payment pending appeal together with Med3s covering period from date of no LCFW decision down to date and ongoing. Six weeks later - and with JSA claim closed 4 weeks ago - cl still has not had ESA.

The call centre insists that I needed to write with request enclosing HMC&TS; acknowledgment of appeal letter. I explain we rarely get these but it surely doesn’t matter - I’ve had the DWP’s submission in response to the appeal, so there can’t be any argument that the appeal was made. No only the acknowledgment letter will do…....

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SHowells - 02 September 2014 04:06 PM

As we speak I am having a head-banging session with the call centre re getting my client’s ESA reinstated pending appeal. MR all done and everything, appeal sent the same day (PO special delivery so I know it was received) wait of 3 days so I can check delivery and give tracking number to Glasgow. That done I send request for payment pending appeal together with Med3s covering period from date of no LCFW decision down to date and ongoing. Six weeks later - and with JSA claim closed 4 weeks ago - cl still has not had ESA.

The call centre insists that I needed to write with request enclosing HMC&TS; acknowledgment of appeal letter. I explain we rarely get these but it surely doesn’t matter - I’ve had the DWP’s submission in response to the appeal, so there can’t be any argument that the appeal was made. No only the acknowledgment letter will do…....

This situation has been made worse by the fiasco that is Wolverhampton
They will not pay appeal rate until they get HMCTS confirmation, and as the HMCTS letter is probably sitting in a tray somewhere then it adds to the delays. Can you not call HMCTS and see if they can fax or email confirmation, and then forward to ESA??

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This has happened to several of my clients, I found that dwp will pay up if you send them a copy of the tribunal confirmation letter directly to the esa paying office. the tribunal usually send a letter to the client confirming appeal lodged. the moral of this is to never sign off jsa until you have evidence that the appeal has been accepted.  btw my local jobcentre are telling clients they won’t get the esa back to date of decision until appeal is decided, don’t you just love em ;)

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benefitsadviser - 02 September 2014 04:13 PM

Can you not call HMCTS and see if they can fax or email confirmation, and then forward to ESA??

I could but it’s bleeding Byzantine - call the HMC&TS; call centre, get promised a call back which may or may not happen and, if it does, hope that they will agree to sending the confirmation, hope that they have the necessary fax number or email address (because the ESA call centre won’t give this out) and that Glasgow will act on the confirmation if they get it.

It’s all unneccessary - Glasgow have sent me their submission. Which, under the MR and direct lodgement procedure, eliminates any doubt as to whether the appeal has actually been made…..

1964
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Frustration off the scale isn’t it?

Do you have contact details for the DWP district complaints team? If so, or if you can get hold of said details, try involving them. I must say I find our local (Thames Valley) team are very helpful in relation to issues such as this.