Mandatory Reconsiderations - Pro forma application??

Not yet.  But how about this:

“I want to appeal your decision but must go through the charade of mandatory reconsideration beforehand.  All of the evidence has been provided as far as I am concerned and the disagreement is simply over our interpretation of that evidence.  For that reason I do not consent to you requesting (by phone or in writing) any further evidence from me or any medical professionals who may be helping me. I do not accept nuisance/unsolicited calls. 

The law* states that you need not consider any issue not raised by an application for revision.  That rule equally applies to this application for mandatory reconsideration. And, in case it’s not already obvious, I’m not raising any issue whatsoever in this application. 

I feel that in the light of the above it is not unreasonable to expect a decision on this application within 7 working days.  Thank you”.

Either that or this:

“I apply for mandatory reconsideration.  What a fantastic decision you’ve made.  Honestly I am in awe of the ATOS computer programmers whose work has found me fit for work in 15 mins.  No objection from me at this stage at all.  Please don’t phone me as I’ll be far too busy trying to comply with my JSA claimant commitment to spend time discussing why your decision is clearly correct.  I look forward to receiving your mandatory reconsideration notice, however, in case I change my mind.  Thanks again. What great people you are.”

* section 9(2) Social Security Act 1998

A proposed, very simple, form is attached. Not used it in anger yet. Any suggestions are welcome.

Most of our work is done by volunteers rather than caseworkers, or on a self-help basis, so I’d like to lower the ‘barrier to entry’ as much as possible.

Craven CAB welfare benefits - 31 October 2013 12:43 PM

A proposed, very simple, form is attached. Not used it in anger yet. Any suggestions are welcome.

Most of our work is done by volunteers rather than caseworkers, or on a self-help basis, so I’d like to lower the ‘barrier to entry’ as much as possible.

mind if I steal that?

No, not at all 😊. It isn’t a CAB product, anyone feel free to use it.

Does anyone know if the DWP have a mechanism for providing a copy of the recon outcome to a named representative, if requested to at the initial stage?

We’ve put that as a standing request in our standard letter for MR, but I don’t know if DWP have any mechanism per se: I think that MR was dreamed up partly as a way of cutting out advice agencies, so I suspect the situation was not even thought of by DWP.

Can’t see them being able to refuse a properly-authorised request, though.

Craven CAB welfare benefits - 31 October 2013 12:43 PM

A proposed, very simple, form is attached. Not used it in anger yet. Any suggestions are welcome.

Most of our work is done by volunteers rather than caseworkers, or on a self-help basis, so I’d like to lower the ‘barrier to entry’ as much as possible.

Working on the theory that you can’t improve on perfection, we’re going to use this too. Perfect for generalist advisers. Thank you

Craven CAB welfare benefits - 31 October 2013 12:43 PM

A proposed, very simple, form is attached. Not used it in anger yet. Any suggestions are welcome.

Most of our work is done by volunteers rather than caseworkers, or on a self-help basis, so I’d like to lower the ‘barrier to entry’ as much as possible.

That will do nicely. Short, sweet and to the point.

And ideal for us lazy folk ;) Many thanks.

Craven CAB welfare benefits - 05 November 2013 09:05 AM

Does anyone know if the DWP have a mechanism for providing a copy of the recon outcome to a named representative, if requested to at the initial stage?

This might be useful to put pressure on if they won’t play ball:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236147/repsguide.pdf

Good luck!

Karshar - 06 November 2013 11:58 AM

This might be useful to put pressure on if they won’t play ball:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236147/repsguide.pdf

Thanks, that helpfully spells out:
“Keeping representatives informed

Where a representative is helping a customer with a particular piece of business, and written authority is held to that effect, if the representative asks to be kept informed of progress on the claim, and of decisions made, all possible steps should be taken to do this, at the same time as the customer is informed. This is particularly important where notifications are computer-generated.”

To be fair, we’ve found that asking for copies of DLA decisions etc when they are made, has worked well in the past.

I hope that still works, if we e.g. add a line to the recon request, asking for a ‘copy of the outcome to be supplied to my representative X’.

I suspect the problem with benefits like ESA is that the IT system cannot issue duplicate decisions (at the time of issue to the claimant) to a rep. as it requires manual intervention by a human being. As a matter of principle we always requested in writing for a copy decison when requesting a revision in, for example, a WCA case - but we never got one!

There is probably little prospect of receiving a copy until after the event (i.e. once your client has advised they have recieved a decision or a rep. rings DWP to check whether one has been made yet) and then specifically asks for a copy to be sent - and then it may still not happen!