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Give me strength…
Client fails WCA on 04/11/13. MR requested by telephone and a call back promised. This dosen’t happen and we end up sending a written MR request to DWP on 18/11/13. On 29/11/13 client receives mandatory reconsideration notice and form SSC1 form posted on 03/12/13. During all this the client is not accepted as being able to work by the local job centre, his claim is refused and we have to make a new JSA claim online. After making a complaint the JSA is finally paid from 12/12/13 refusing to backdate it to when we first claimed JSA on 14/11/13. After too many calls to DWP finally receive a call from Springbourne MR team that have made their decision but could not advise what it is as couldn’t open the log page! Have to wait on the letter. Advised that if claimant is unhappy have to appeal to UT. Asked about backdated ESA from 04/11/13 to JSA start date - you have to take this up with the benefit processing centre. Called them again, no one able to advise whether ESA will be backdated to 04/11/13 as MR registered on 06/12/13…
Each time I receive a call back from DWP I am told something different regarding the MR process. This is stressing me let alone my client. What should really be happening as my experience differs entirely from what the DWP, JCP and “MR advisors” are doing…
Shocking, but sadly not unexpected. My colleague is attending an appeals reform focus group meeting (don’t laugh) with the DWP this morning. I’ve sent him the details of your post. Will let you know this pm if their ‘experts’ are able to shed any light on why it’s not working.
Appeals Reform Journey (as I understand it)
1. Receive decision
2. Ask for an explanation (optional)
3. Ask for Man Recon
4. Receive acknowledgement of Man Recon request
5. Receive contact from decision maker
6. Submit further evidence (if appropriate)
7. Receive Man Recon decision notice (including appeal rights)
8. Request appeal form
9. Submit appeal form to HMCTS ( with Man Recon decision notice)
10. Receive acknowledgement of receipt of appeal (maybe appeal bundle as well)
11. Receive contact from HMCTS (TAS1, or whatever its called now)
12. Receive copy of appeal response (within 28/42 days)
13. Receive appeal date
14. Hearing - and decision
Easy eh ? and they say this will improve and speed up the process…......
More news: DWP (Glasgow BPC) rang to advise that the case has been passed to HMCTS so looks like MR failed and that as soon as HMCTS accept appeal and let ESA know this, then the ESA will be backdated less the JSA paid. This is the opposite to what the “appeal manager” told me yesterday. Wish they’s get there stories correct as worrying the “appeal manager” told me that it had already gone to HMCTS without a hearing which is nonsense! They were advising me to appeal to the UT!!
More news: DWP (Glasgow BPC) rang to advise that the case has been passed to HMCTS so looks like MR failed and that as soon as HMCTS accept appeal and let ESA know this, then the ESA will be backdated less the JSA paid. This is the opposite to what the “appeal manager” told me yesterday. Wish they’s get there stories correct as worrying the “appeal manager” told me that it had already gone to HMCTS without a hearing which is nonsense! They were advising me to appeal to the UT!!
see http://www.rightsnet.org.uk/forums/viewthread/5730 for the procedure.
I agree, Tony.
What MR is doing is revealing some amazingly eccentric decision-making, e.g. - client advises DM that s/he cannot do up boots (worn owing to medical need for support, can’t walk) MR Notice comes back “You use boots for rambling…”
As I’ve said before, I think, DWP staff are under chronic stress and the ever-unstated but nevertheless ever-present threat hanging over them is ‘stop the claimants by hook or by crook or you’re in trouble’.
Sometimes I think the more eccentric decisions are actually a cry for help, or a signal that they know it’s all crazy and they dissent.
I’ve just read the IDS response and am ended up confusing myself especially after speaking to DWP the last couple of days. So, here is the scenario:
Client fails WCA on 04/11/13
Requests review by telephone on 14/11/13
No call back so written review sent 18/11/13
Client receives mandatory reconsideration notice on 29/11/13 and SSC1 form sent to HMCTS.
Client claims JSA on 14/11/13 which fails as “too sick to work” by local JCP. JCP refuses to budge so online claim made on 12/12/13 (backdating refused to 14/11/13 as client did not fulfill requirements)
Mandatory reconsideration decision 07/01/14 refusing to change decision and case referred to HMCTS for a hearing.
My confusion is to whether ESA will be backdated to 04/11/13 as has a valid med cert (MR failed) and appeal has been accepted?
Have read all of the previous posts which has not helped my stressed out brain cells!
As far as I understand it- yes (ESA should be reinstated and paid at assessment phase rate from point client failed WCA). I’m sure someone will correct me if I am wrong.
But, on the assumption I am correct, whether this is what will actually happen in practise is anyone’s guess.
Thank you - will update this post hopefully with the news that it has been backdated!
Isn’t there something in JSA that says if a claimant fails WCA they cannot be unavailable for work sickness grounds?
I’ve had a look but all I can find is JSA regs 14(5) and 19(ll), which do cover circumstances in which a person is treated as not sick and therefore available and actively seeking work, but I’m unsure if they are the right ones for this situation - I don’t think so.
I suppose I could have made it up…
Decision and Appeals regulation 10. Although it deal with fitness for work, rather than availability.
The Employment Minister seems to say so too, for what its worth:
http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm131125/text/131125w0005.htm
“Mr Godsiff: To ask the Secretary of State for Work and Pensions whether a claimant of employment and support allowance will prejudice or influence the outcome of their mandatory reconsideration if they make a claim for jobseeker’s allowance during or before the reconsideration period. [175987]
Esther McVey: The DWP decision maker’s decision at the mandatory reconsideration stage for employment and support allowance is intended to be an independent step in the process, therefore, whether the claimant has claimed jobseeker’s allowance or not in the intervening period, this will have no bearing on the mandatory reconsideration decision. Work Capability Assessment decisions are binding—a jobseeker’s allowance decision maker cannot decide that a claimant is too ill to work if this contradicts the ESA decision maker’s decision. However, the claimant must agree to the jobseeker’s agreement/claimant commitment to be eligible.”