Mandatory Reconsideration stitch up by DWP?

Hi,

I am helping a friend who has been in the ESA WRAG group since 2014.

His health has declined so he asked to be considered to go into the support group.
He had a Medical Assessment in January hoping that he would be placed in the support group but the DWP wrote in Feb to say he was again placed in the WRAG group.

He called them to ask for the medical report and a few days later he called again to ask for a statement of reasons as the medical report wasn't clear and didn't show how many points he scored.
He made it clear that he would be asking for a Mandatory Reconsideration in writing.

A few days later he received a txt to say they were reviewing his claim.

He called the DWP again to again state that he was sending in written evidence for his Mandatory Reconsideration and that he didnt request it by phone. The woman said she would cancel any Mandatory Reconsideration and they would await his letter.

He has prepared his evidence and was planning to send his written request for a Mandatory Reconsideration tomorrow by Special Delivery, but his mental health support worker spoke to the DWP today about another matter and they said the Mandatory Reconsideration had already been made today and that he was again deemed to be fit for the WRAG.

His support worker asked how they could make the descision without him even having the opportunity to send in his evidence and the DWP insisted that they had carried out the Mandatory Reconsideration as it had been requested by phone. They said his only option now is to go to appeal.

I am helping my friend to write to ask for a SAR of the phone calls between my friend and the DWP.

Is there anything that can be done about them doing the Mandatory Reconsideration like this? Or is it just tough and he has lost his opportunity and now just has to apply to go to a Tribunal ?

It seems wrong that there is no accountability and they can just do this? Although my friend has mental health issues, I witnessed him make the call confirming that he wanted to do the Mandatory Reconsideration in writing? This is all within the 30 days allowed by the way.

Thank you & apologies for the long post.

Hi th and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Yes, we had members who had had similar treatment. You can try and argue the toss that DWP should have waited for an official request and try to get them to carry out a further MR or you can cut your losses and go straight to appeal. TBH, MRs are rarely successful, they usually simply 'rubber stamp' the original decision so you might feel that your time and energy would be better spent on an appeal.

Our ESA guides clearly explain the MR and appeal process.

ESA claims and appeals

You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your queries relating to your friend's ESA to this topic !

Thank you very much for your reply.

I have downloaded the ESA guides and yes, absolutely I will keep any further updates or questions to this one thread.

If it is unlikely they will do anything to alter the Mandatory Reconsideration now, I'm guessing there is no point in sending in his written evidence stating what happened?

I thought maybe someone might look at it but I guess the decision is made now and we should keep the evidence for the tribunial? :/

tiredhoundy wrote: Thank you very much for your reply.

I have downloaded the ESA guides and yes, absolutely I will keep any further updates or questions to this one thread.

If it is unlikely they will do anything to alter the Mandatory Reconsideration now, I'm guessing there is no point in sending in his written evidence stating what happened?

I thought maybe someone might look at it but I guess the decision is made now and we should keep the evidence for the tribunial? :/

Hi th,

Not sure if you are posing a question ;

"I thought maybe someone might look at it but I guess the decision is made now and we should keep the evidence for the tribunial? :/ "

Yes, once you have the MR Notice letter, you have one month to appeal using a copy of the MR notice and The SSCS 1 Form (Download Link)

bro58

Hi Bro58,
Thanks for your reply.

Sorry, I was half asking a question & half just thinking aloud.

I was thinking maybe someone at the DWP might look at my friend's written MR request & evidence if he sent it in anyway, but I guess they will just dismiss it as the decision is already made?

What I have learnt from this is if you ever need to call the DWP to get a medical report or statement of reasons, don't say anything about a mandatory reconsideration.
Just ask for what you need and say nothing else.

I really think their behaviour is absolutely disgusting and I don't know how they sleep at night?

Thank you I will make sure my friend completes the SSCS 1 form and returns it with the MR notice asap.

I am just about to help my friend complete the SSC1 form to appeal the DWP decision.

I just wanted to double check that it's ok for him to write "Please see attached" in the section 5 "Grounds for your appeal" and attach his reasons in printed form instead of having to hand write it on the actual form?

Thanks in advance.