Transcript of phone call from DM re MRN

Hi
Today we have received my husbands Mandatory Reconsideration Notice. Is it possible to request a transit of the conversations used in the reconsideration from the DWP? There are obvious mistakes in the notice and lies in what was said.
Whilst we intend to appeal, I understand that the tribunal will not be interested in these points, only in the proving that my husband meets the descriptors relevant to himself to be placed in the support group from wrag. It is more to prove to ourselves that we are not going do-lally!
The information provided on the ESA50 has been ignored and they seem to be implying that my husband is lying about his conditions and how they affect him (and our families) daily life.
I have already requested copies of all information used to reach the original decision. It would appear some of the information used by ATOS ( there was no medical) is many years out of date.
I feel a long struggle ahead, but having read your excellent guides and had previous success with appeals, the endless fight will continue.

welshlass wrote: Hi
Today we have received my husbands Mandatory Reconsideration Notice. Is it possible to request a transit of the conversations used in the reconsideration from the DWP? There are obvious mistakes in the notice and lies in what was said.
Whilst we intend to appeal, I understand that the tribunal will not be interested in these points, only in the proving that my husband meets the descriptors relevant to himself to be placed in the support group from wrag. It is more to prove to ourselves that we are not going do-lally!
The information provided on the ESA50 has been ignored and they seem to be implying that my husband is lying about his conditions and how they affect him (and our families) daily life.
I have already requested copies of all information used to reach the original decision. It would appear some of the information used by ATOS ( there was no medical) is many years out of date.
I feel a long struggle ahead, but having read your excellent guides and had previous success with appeals, the endless fight will continue.

Hi wl,

You can make a Subject Access Request to The DWP requesting copies of any electronic, audio, video or hard copy personal information that they may hold on your hubby.

So it will be down to whether the telephone conversations regarding The MR were recorded. (they sometimes are)

You can request any such information by using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

See also : ico.org.uk/for_the_public/personal_information

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP or ATOS

You should stipulate the date and time of any telephone conversations, and who you spoke to, if you have this information.

bro58

Hi wl,

Just in case you haven't already read these :

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

There is also an ESA MR/Appeals Guide on this page :

ESA Claims Guides

bro58

Although the DWP state that they record all calls, from my experience that is not always the case, so it may not be possible for the transcript to be provided.

However, although I do not deal with IB/ESA only DLA/PIP, you are legally entitled to a full statement of reasons (SOR) from the Decision Maker in a form that is fully understandable by your husband.

A failure to do so would be in breach of the 'rules of natural justice' often referred to as 'fair play at work' and may also be a breach of Article 8 of the Human Rights Act - 'right to a fair hearing'.

However, without having access to your case records it is impossible to give a definitive answer.

You really need 'face to face' advice from a benefits adviser with specialist knowledge of cases like yours. A CAB is unlikely to be able to assist you, so I advise you use a search engine such as 'Google' and input Mandatory Reconsideration and your post code.

Hope this of some help.

Jim
retired Welfare Rights Lawyer & former Social Security Tribunal Member.

Thanks all
I have already sent a SAR letter, but these calls and decisions have occurred since. I think I will send a specific request stating the date and times of the calls and go from there.

welshlass wrote: Thanks all
I have already sent a SAR letter, but these calls and decisions have occurred since. I think I will send a specific request stating the date and times of the calls and go from there.

Hi wl,

If you have any proof of the calls, e.g. an itemised phone bill. it may help to include a copy of these, as well.

I am now in the habit of recording any phone conversations that I may have with organisations such as The DWP.

If nothing else, for my own reference purposes.

bro58