MR and Change of Circumstances

Hi this is the first time on the Forum and wonder if anyone can help with this crazy situation with regard to MR and Change of Circumstances.

Review finally rejected Mid-December. Applied for MR and a copy of HCP report at beginning of January. It took 2 calls and 2 letters before the HCP report arrived at end of February. Sent huge submission contradicting most of HCP report in mid-March.

So, awaiting result of MR, in mid-May over £1,000 arrives in bank account with no indication why. Wrote 4 times and called 4 times for copy of MR Notice. Told on 2nd call that MR decision had been made 6 days before £1,000 went into bank account but no MR Notice. A total of 8 contacts with DWP asking for MR Notice and they sent just about everything except that document. Finally, in early-July I receive a letter stating that it is my MR Notice.

However, on scrutiny, at the end of the MR Notice it states that I can ask for the decision to be looked at again and if not happy can then ask for an MR.

I was not aware that I could get an MR of an MR??

By this time, I was one month over the decision date originally given me of mid-May, 6 days before I get the £1,000 that I am assured is as a result of the MR decision? However, this MR Notice tells me that the decision was made in early July?

Confused - me too!

So, I decide to appeal and contact HMCTS explaining why I was over a month late in applying for an appeal and enclosing a copy of the MR Notice that arrived in early-July but told them the MR decision was actually in mid-May and that I had been given an award of Standard Rate Daily Living and nothing for Moving Around backdated to when they removed my PIP in mid-December.

Meantime, I am busy with rebuttals of the MR Notice to go to HMCTS, should they accept the late appeal.

I get confirmation that HMCTS has accepted my late appeal and about 2 weeks later I receive the Bundle from DWP and next day notification from HMCTS of my Tribunal hearing date in early October.

However, in the timeline on "Facts of the Case" there is nothing about all the delays by DWP and the 4 requests for the HCP report or the 8 requests for MR Notice. Nothing about DWP having already made a MR decision in mid-May and then sending me over £1,000 in backdated payment.

The Bundle tells me that in mid-june DWP sent for Supplementary Advice from ATOS - about which I knew nothing and was in the middle of the 8 requests for the MR Notice.

My Bundle is almost 300 pages and towards the end they did send me a letter in mid-June stating that "I wanted to look at your PIP to make sure that you're getting the right amount of help".

This was so confusing. I did not have PIP as I had no MR Notice to inform me that they had made a decision! Meantime instead of the MR Notice that I kept asking for, I get an annual statement telling me that I have PIP and will receive an amount a from April.

In my MR Notice dated early July, it states "Thank you for asking us to look at your PIP again" and giving the decision and reasons for the decision.

Then on page 5 of 6 in the MR Notice it tells me that "if you disagree with a decision, you can ask us to explain why" and the next paragraph states "You can ask us to reconsider a decision and...... when we've looked at what you've told us we will send you a letter to tell you what we've decided. we call this letter a Mandatory Reconsideration Notice.

The only time that I asked for a MR was back at the beginning of January now I receive my MR Decision in early July termed "Mandatory Reconsideration Notice" and telling me that if I disagree that I can ask for a Mandatory Reconsideration!!

Of course, the MR Notice with decision is also completely flawed because as appears the norm nowadays, the DWP Decision-maker relied totally upon the HCP report - and did not even mention my main diagnosed condition when they seent the Bundle. They mention 5 "illnesses and disabilities" but not the main problem diagnosed back in mid-2000s (however, the HCP stated in her report that I was diagnosed in 2017).

I sincerely apologise for the length and complexity of this post but I am so confused. All I can do is keep pointing out where they have gone wrong but they have made so many mistakes it is hard to keep up with therm and get them in the correct order and by the time the full case gets to HMCTS and the members of the hearing they will have around 500 pages and I am concerned that there is too much for them to look at and be able to follow the convoluted trail of events. I am finding it so difficult and I am directly involved on a daily basis.

HELP!!!

As well as BIS's excellent advice above, you could also make a right of access request, asking specifically for a records of telephone calls, which will back up the numerous calls you have made. This could be part of the complaint and or the reason for late appeal etc. Recently I applied online and my requests were fulfilled very promptly.

www.gov.uk/guidance/request-your-persona...or-work-and-pensions