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Telephone Mandatory Consideration

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1 week 2 days ago #290584 by Gina1
Telephone Mandatory Consideration was created by Gina1
Have had my PIP review by phone, a horrible woman did a v pressured assessment. Complaining about her.
I’ve had two brain ops, get confused and muddled quickly, can’t get my words out properly etc. Too much to go into here.
Decision Letter arrived on Saturday, have dropped me to just standard living, looks like they had someone else’s report, cos it certainly wasn’t mine, fictitious lies. (I had always been on enhanced, both DL and M)
I provided copious Consultants letters, masses of supporting info at time of submitting my review spplication. Had used the brilliant guide from here. What more do they want?
My husband, who is my carer, phoned up Monday, to request forms for MR. However, he did MR there and then over the phone! Totally unexpected, no mention of that process on their letter.
It’s good in a way, because the ball is rolling, but bad because he wasn’t prepared and no thinking time. He did a good job (ex police officer) so knows all about evidence. It didn’t phase him at all, but unfair to drop this on him.
Has anyone else had experience of MR by phone? is this a new way for DWP to reject MR’s due to lack of evidence?
If they want a tribunal, bring it on, he’s more than happy to attend court….used to giving evidence and being cross examined, prove who’s right, and who’s lying.
It’s not fair on us who genuinely support, and what a fight it is. Trouble is, like everything else, false claims spoil it for genuine cases.
Hope this makes sense, I have changed wording many times.
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1 week 2 days ago #290598 by BIS
Replied by BIS on topic Telephone Mandatory Consideration
Hi Gina1

I have not heard of anyone doing an MR on the phone like that, and as competent as your husband is, it's not how I would want to do it.

You had the decision letter, but it doesn't sound like you had a copy of the assessment report. I would still get hold of it if you haven't got a copy. It's called the PA4. Did you ask for your assessment to be recorded, or did you make a recording yourself? I hope you did.

I assume your husband didn't record the conversation he had during the MR over the phone. I hope he has written down a record of what he said. Personally, I would write that up and post it to them. Don't trust the person on the phone to have recorded what he said accurately. I would also add any other information. He may feel that he said everything he needed to say - but without the PA4, he was fighting with one hand tied behind his back.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 week 2 days ago #290611 by Gordon
Replied by Gordon on topic Telephone Mandatory Consideration
G

The call centre staff are not Decision Makers and have no authority to make a Decision on an MR, it sounds to me like they took your reasons for the MR request from your husband and passed them on to a DM who will render a Decision as and when they can.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 week 2 days ago #290613 by Catherine
Replied by Catherine on topic Telephone Mandatory Consideration
Hi,
I have met this quite a lot, the first time was back in January 21, so I wonder if it is a post covid thing. I warn clients that they are likely to be asked to submit their MR there and then and encourage them to refuse to do so, since it needs to be carefully prepared. The call handlers do not like this, and apparently quite often push hard for the details of the request to be given there and then. I would agree with BIS - send in a written submission to support what your fantastic husband said on the phone.
Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 week 2 days ago #290616 by Gina1
Replied by Gina1 on topic Telephone Mandatory Consideration
Thanks for reply BIS. Requested Report, but not arrived yet.
We asked to record assess, was told yes. But when phone on loudspeaker to record, allegedly she had echoing (we didn’t hear it) so she said turn off loudspeaker. Left me feeling vulnerable, but didn’t get a choice…put even more pressure on me, that Mark couldn’t help me. According to their blurb, it is possible to have a third party included on the interrogation, via their own phone. We weren’t offered this. Mark’s responses were read back to him by call handler, for him to amend or agree. Believe the copy has arrived today. Call handlers remit only to complete forms and forward to caseworkers.
I’m even more worried now.
But thank you so much for your thoughts
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1 week 2 days ago #290617 by Gina1
Replied by Gina1 on topic Telephone Mandatory Consideration
Hi Gordon, thanks for your response. We are aware that they are only there to complete forms. Operative volunteered that information, and that I should hear within 8 weeks, I’m worried to death that we might have been stitched up. Like everyone else on this forum, extra stress isn’t helpful when it’s hard enough getting through each day. But thank for for your thoughts. I do appreciate them.
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