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Pressure to carry out telephone reconsiderations of decisions
I have recently had two clients who have been turned for renewal DLA.
In both cases we asked clients to obtain copies of applications, copy evidence and reasons for decision from Blackpool. We specifically tell them to ask Blackpool not to act until their representative has had time to look at the paperwork and interview client.
In both cases the clients said they were under great pressure to have the decison reviewed on the phone. There was a distinct reluctance to do as requested by the clients. With bad grace they told clients it would take a couple of weeks for paperwork to come through and it was better to clear it by phone.
Has anyone else experienced this and is it a growing trend?
I wonder if it is to meet targets on reviews and appeals.
We haven’t noticed any problem but that could purely be that we would not deal with this issue in the same way.
We would assist the client to appeal and gather as much information as the client can provide in the hope that the decision would be reconsidered and changed - we would not ask for copies of paperwork unless the case was going to progress to appeal and, because when a case does go to appeal you should receive a copy of all paperwork anyway this is not usually necessary.
If a client rings to ask for a reason as to why their DLA has been refused the phone call is usually treated as a request for a reconsideration i think.
We haven’t noticed any problem but that could purely be that we would not deal with this issue in the same way.
We would assist the client to appeal and gather as much information as the client can provide in the hope that the decision would be reconsidered and changed - we would not ask for copies of paperwork unless the case was going to progress to appeal and, because when a case does go to appeal you should receive a copy of all paperwork anyway this is not usually necessary.
If a client rings to ask for a reason as to why their DLA has been refused the phone call is usually treated as a request for a reconsideration i think.
..............But how would you know which “information to gather” unless you know the reasons for (and the evidence used in) making the disputed decision…so - for example - if you asked the client to get a supportive letter from his GP - what use would it be if the GP had already undertaken a report for the other side and it was unsupportive?
I had a case last month where the GPFR was used to refuse HRM - until we actually saw it and simply made out grounds that the GPFR did in fact support the award (GP stated 25m max walking)..
....or - even better - for a client around 3-4yrs ago where he was refused on an EMP report which related to an entirely different client with the same name!!!
Can’t imagine a properly argued recon request without seeing the evidence
“Can’t imagine a properly argued recon request without seeing the evidence”
We have a pretty high success rate for reconsiderations based on the information we are able to gather from the client, which does of course vary from client to client.
More often than not, if the decision letter states that they have used information from the clients GP we fax the GP with FOA and they fax back what they have sent to DWP/JC+ or the receptionist will read what’s been written, to us, over the telephone.
As i said - just a different way of doing things.
As a mattter of good practice, if we help with completion of the forms we ask advisers to keep a copy of the relevant pages and any additional evidence provided by the client for exactly this reason - it helps you to understand the decision.
Sometimes, anyway!
As a mattter of good practice, if we help with completion of the forms we ask advisers to keep a copy of the relevant pages and any additional evidence provided by the client for exactly this reason - it helps you to understand the decision.
Sometimes, anyway!
It also helps if DWP lose it ;)
We haven’t noticed any problem but that could purely be that we would not deal with this issue in the same way.
We would assist the client to appeal and gather as much information as the client can provide in the hope that the decision would be reconsidered and changed - we would not ask for copies of paperwork unless the case was going to progress to appeal and, because when a case does go to appeal you should receive a copy of all paperwork anyway this is not usually necessary.
If a client rings to ask for a reason as to why their DLA has been refused the phone call is usually treated as a request for a reconsideration i think.
..............But how would you know which “information to gather” unless you know the reasons for (and the evidence used in) making the disputed decision…so - for example - if you asked the client to get a supportive letter from his GP - what use would it be if the GP had already undertaken a report for the other side and it was unsupportive?I had a case last month where the GPFR was used to refuse HRM - until we actually saw it and simply made out grounds that the GPFR did in fact support the award (GP stated 25m max walking)..
....or - even better - for a client around 3-4yrs ago where he was refused on an EMP report which related to an entirely different client with the same name!!!
Can’t imagine a properly argued recon request without seeing the evidence
But the appeal papers ARE the evidence. Upon receipt of these papers, there is then a further 3 to 4 months before a hearing, and in that time you can gather and submit whatever evidence you can (if appropriate) and there is no rule that says the decision maker can’t reconsider again (but please correct me if I am wrong). You can still write and ask for a further reconsideration if you think it’s appropriate. If you are luck enough to have such good evidence that the appeal speaks for itself on the papers (which I’m guessing is the only case where a DM reconsideration stands much chance of being favourable) then where recon unsuccessful it would become a straightforward case to argue at appeal, I would think. So what’s wrong with relying on the appeal papers?
“So what’s wrong with relying on the appeal papers?”
Sorry Steven i must be missing something or just being incredibly thick - there’s nothing wrong with relying on appeal papers. Everything you’ve said in your post is exactly how it is.
“So what’s wrong with relying on the appeal papers?”
Sorry Steven i must be missing something or just being incredibly thick - there’s nothing wrong with relying on appeal papers. Everything you’ve said in your post is exactly how it is.
No, as is usually the case, it’s probably me who’s being incredibly thick. I thought you were proposing seeking full details of the decision and reasons, instead of lodging notice of appeal and getting these details with the papers in due course. Sorry if I misunderstood.
“So what’s wrong with relying on the appeal papers?”
Sorry Steven i must be missing something or just being incredibly thick - there’s nothing wrong with relying on appeal papers. Everything you’ve said in your post is exactly how it is.
No, as is usually the case, it’s probably me who’s being incredibly thick. I thought you were proposing seeking full details of the decision and reasons, instead of lodging notice of appeal and getting these details with the papers in due course. Sorry if I misunderstood.
LOL! It’s the job - gets to us all eventually!
I often vary my approach depending on the merits of the case. I may complete a DLA form with a client and think its very borderline or I may think that the client is over estimating their difficulties. Agreeing to start a full appeal process can make it more difficult to pull out of a case at a later date. So in these circumstances I may request a copy of the GPFR if one has been done especially if there are no other people to provide medical evidence. This may be enough to say th a client that there is no point pursuing an appeal or there might be enough in the clinical evidence to give you hope to then request a recon and write to the GP yourself. The decision can be revised at any point in the appeal process and if I think ive got a strong case i’ll harrass them right up the hearing date.
I certainly agree that, as a matter of general good practice, we should always stay flexible, and be open to varying the approach on a case-by-case basis. However I am not sure about the phrase “starting a full appeal process.” I think it is very well worth emphasing that, to submit a notice of appeal does not in any way commit the claimant to a “full appeal process.” I say this because it seems to be a widespread misconception that putting in an appeal means actually “signing up"to the whole appeal process. This is a misunderstanding that I think anyone claiming benefit can easily fall into, and it can lead to delay in securing the right of appeal. I think it’s worth taking steps to redress that misconception. Notice of appeal, lodged within the prescribed time, secures the option, I emphasise option, to elect to have a tribunal hearnig (oral or otherwise) in the event that recon (following appeal) does not have a favourable outcome. I think the type of case where you might want to retain the option to pull out even before it goes to another DM, are those cases where there is an existing award at stake. In all other cases, I cannot see at all what is actually gained by consciously withholding notice of appeal. I think it’s worth bearing in mind that the lodging of a notice of appeal does not exclude dialogue. What’s more, as far as I know, the outcome of a DM recon in response to a notice of appeal, itself does not exclude yet further dialogue and further reconsideration by the DM. I can’t think of a single thing that you get from confining to recon request, that you don’t also get if you lodge notice of appeal. But maybe someone will correct me.
I agree with Steven.
We had a case just recently that was with The Tribunal Service waiting for a date for hearing when the GP finally provided a letter of support which we submitted to TTS.
The letter was then distributed to all parties and the Decision Maker reconsidered it at that stage and made the decision that the client did have limited capability for work so the appeal was stopped due to the reconsideration and the new decision in the clients favour.
Yes- it’s worth remembering that under the DMA regs the fact that an appeal has been made but not yet heard is one of the circumstances that allows an “any time” revision (Reg 3(4A). This was almost certainly introduced in the hope of getting rid of unnecessary appeals.
Thank you all for your contributions. Seems I stirred up a bit of a lively debate!
What the contributions show is, that depending on your organsation and available resources there is more than one way to skin a cat. Hmm…what a a weird saying that is.