× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

DWP making client to do MRs, can’t appeal

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Hello,

Client was turned down for PIP due to residency issues.

Client submitted information in writing for the purposes of an MR and got a text from DWP confirming they were looking at the decision again and would respond within 10 weeks

Client got letter from DWP saying they had looked at the claim and decided client couldn’t get PIP due to residency issues (past presence test and lack of genuine link to UK). Letter was a first decision letter not MR letter.

Page 2 of letter says they can do MR

Client called DWP to enquire and they said they will do a MR and get back to her.

Why the need for 2 MRs? Have they made an error? Seems to just be delaying the date they can appeal by weeks

Thanks

Joel

Va1der
forum member

Welfare Rights Officer with SWAMP Glasgow

Send message

Total Posts: 706

Joined: 7 May 2019

Not unheard of that DWP simply sends the wrong letter (PIP.7011 instead of PIP.7012). Is there anything in the text body of the letter to suggest a reconsideration has taken place?

Daimo65
forum member

Welfare Rights Southway Housing Trust

Send message

Total Posts: 17

Joined: 29 May 2015

have similar view. DWP are renowned for letter error. Additionally what you may also have is a letter based on some sort of internal misunderstanding, in that you have a written explanation of the decision hence the invite to MR.

Sadly some of the mistakes made by DWP gives rise to wondering due to the many mistakes, is it a deliberate construct or a serious training issue.

Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

If I had two decisions with a recon request in the middle of them then I’d fill in the sscs1 and send it in arguing that the second is an admin error and they’ve done the MR.

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Thanks all.

Yeah the first letter said she was turned down and could do an MR.

MR done, got text confirming they were processing the MR.

Second letter was similar to first letter just saying a decision had been made and client would have to do MR to challenge.

Neither letter was an MR notice or mentioned right to appeal being an option.

Sounds like a mistake then, the client has now done another MR. Bit frustrating!

Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 1011

Joined: 9 January 2017

If its any help we had the same scenario and did what Dan advises above, and HMCTS accepted it.

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

That’s super helpful. No harm in sticking an SSCS1 form in anyway then explaining things.

Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

JAS1 - 12 September 2019 03:26 PM

That’s super helpful. No harm in sticking an SSCS1 form in anyway then explaining things.

Yep. I recently had an appeal accepted where UC had refused to even conduct an MR. I think the Judiciary are getting a bit vexed.