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Mandatory reconsiderations - only a letter will do
I keep on coming across clients who have been told by DWP that they have to ask for a Mandatory Reconsideration in writing - in one case to “download the form” (not HMRC).
I know the instructions to DWP staff are that MR requests can be made by phone or letter but is anyone else coming across this and if so, can this be referred up through appropriate channels - perhaps time for a reminder?
Same here - usually it’s the claimant or the care manager who is told this. Also that you can’t request MR without giving reasons for it. We usually advise them to ring again and either ask for a supervisor if they get the same line or the tried and tested method of putting the phone down and then trying again to see if you get someone a bit better trained.
If it’s becoming common again probably worth sending it up the line.
Is it any particular benefit? - UC or legacy? - happy to escalate via stakeholders
Hi Daphne
Legacy really - ESA and PIP in the main
Cool - I’ll send off an email…
I would say it’s been happening since day one. I have a spiel for duty which goes along the lines of
“You may be told you can only do an MR in writing. This is nonsense. Politely end the call; give it 5 minutes then try again. You will eventually get someone who does know that you can do it over the phone. Do not however expect to speak to a DM or to get all your evidence heard over the phone without a fight. Fight politely but firmly. Have a list of your specific areas of challenge ready to go.”
“You may also be told that you cannot start an MR without new or additional medical evidence”. This is also nonsense. The clue is in the words “mandatory reconsideration”, which involves them
a) having no choice but to reconsider should you ask within the month, and,
b) reconsidering - looking again at what they have.
“Obviously if you do have some new or additional evidence it may help but consider carefully whether it needs to be medical evidence and how much time you want them to spend on your MR if decision making remains as poor as it is and only 20% or so are likely to be changed.”
I have had a reply via stakeholders which says -
Many thanks for letting us know. I have spoken with our Decision Making and Appeals team and they have arranged for a reminder message to be issued to all staff via our Operational Line Managers Update (a weekly communication that goes out to all staff). The message should appear in next week’s issue, and probably will be repeated in the New Year.
Hopefully this should stop staff providing the incorrect information. Please let us know if you continue to hear it is still happening.
Do let me know if it is still happening and they have asked that we let them know benefit and geographical area so they can look into it.
It’s been happening since MR was introduced as far as I am concerned and their reminder won’t make a jot of difference to offices who culturally want things in writing and where outsourced call centres take the initial calls.
Good spot 😊
Plus ca change…
Thanks Daphne
We can but hope…....
All of the above down here too!
This just keeps coming around doesn’t it. Slightly new twist today - told by the call handler initially that they can only take a recon request from the claimant and then by his supervisor that they “can register the MR at my request but will have to write to the claimant to ask her to confirm this is what she wants”.
The claimant is a care leaver with a mental health condition. She would not respond to any such letter.
It’s been happening since MR was introduced as far as I am concerned and their reminder won’t make a jot of difference to offices who culturally want things in writing and where outsourced call centres take the initial calls.
Is it too much to quote myself?
Probably :) but anyways…
Another twist on this today:
Tel from PIP - they will not accept our standard letter of authority sent with a written application for MR because it does not specifically refer to PIP / application for MR. This is because [fanfare] PIP is now a devolved benefit (?) and an authority addressed to DWP is not sufficient! Despite there being no statutory requirement that a written MR (unlike an appeal) to be signed by anyone let along a requirement for signed authority (well maybe for DPA, but no under social security legislation)!
sigh
Er…..
Aren’t devolved benefits only for Scotland? Does DWP actually employ people to sit in a darkened room and dream up new ways of being obstructive? Or are they just naturally talented at it?