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Written reasons

unhindered by talent
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Is anyone actually getting written reasons for WCA decisions anymore? Our folks have made repeated requests for written reasons and have been sent the HCP’s report but not the DM’s breakdown of points awarded; instead being asked to submit an SAR.

Va1der
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I’ve had at least one where DWP treated an MR request as a request for reasons - i.e. added another hurdle in the appeals process.

In other cases the opposite has happened: request reasons, gets MRN. Better, but still confusing.

Odd for DWP to invite SARs though. That has the potential of significantly increasing their workload.

unhindered by talent
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Aye, this is most frustrating. Not essentially a problem to outline what we think the client should have scored but leaves us without the ability to challenge specific points of the decision.

Elliot Kent
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unhindered by talent - 11 May 2022 09:46 AM

Aye, this is most frustrating. Not essentially a problem to outline what we think the client should have scored but leaves us without the ability to challenge specific points of the decision.

I am quite curious about this. What is achieved by having the written reasons so as to be able to “challenge” the points made in a WCA decision? I have never found it to be a particularly useful exercise.

unhindered by talent
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Simply that if points weren’t awarded in an activity that merited it, we could address that specifically and where points were awarded for an activity we could state that we accept them.

Mike Hughes
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I’m also unclear on the purpose but, either way, it’s clearly not appropriate for a SAR.

Va1der
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I think it’s less of a problem where the client has representation. I’d just determine what I think s/he’s entitled to, and submit an MR on that basis.

However, where they are acting alone they have very little information to base an argument on, possibly resulting in an even lower success rate for MRs.

Elliot Kent
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Yes, I suppose my experience has been that the reasoning is for the most part just repetitive of the HCP report. Any attempt to challenge the factual basis of that report is just met with direction towards the complaints process. Sometimes it is possible to argue strongly that the HCP has actually chosen the wrong descriptor given their findings which is the sort of argument which you would have thought that having the written reasons would be useful for, but I have never found the DWP to be particularly responsive to that sort of argument either.

unhindered by talent
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Elliot Kent - 11 May 2022 10:54 AM

Yes, I suppose my experience has been that the reasoning is for the most part just repetitive of the HCP report. Any attempt to challenge the factual basis of that report is just met with direction towards the complaints process. Sometimes it is possible to argue strongly that the HCP has actually chosen the wrong descriptor given their findings which is the sort of argument which you would have thought that having the written reasons would be useful for, but I have never found the DWP to be particularly responsive to that sort of argument either.

Yes, i’ve not found any value in challenging the content of the HCP report but I have, in the past, argued for a different descriptor and been able to direct any new evidence towards that. I agree - the breakdown on points isn’t necessary but I do stubbornly think DWP should have to justify their decisions in detail for the client to understand them better.