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Mandatory Reconsideration UC

Minnie18

Hi, I'm looking for a bit of advice please.

I failed my work capability assessment on the 4th Jan and now want to submit a request for mandatory reconsideration.
I saw my work coach on the 8th and was advised to get a copy of my health report and a copy of the statement of Reasons from the decision maker before I do so. I was told to ring up to request these which I did.

I have received neither document so rang up today and they said they have both been sent through to my work coach and to contact her. I have done this and had no reply. Obviously I am on a limited time frame due to having to submit the MR within one month of my decision letter. Has any one else has these problems? What should I do next? I feel like I'm going around in circles.

Also, when I do submit my MR request which option do I pick on my journal?
Thank you so much for reading. Any thoughts and advice welcome. X

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Comments

poppy123456

I’m not aware of there being a statement of reasons for a decision made by DWP. This is only available with a Tribunal decision.

The assessment report is available. Though you don’t need that to request the MR. All it causes is a distraction to what you really should be concentrating on.

You also have 13 months to request it. If you’re outside the 1 month timeframe then you will need to give a reason why you didn’t request it within the first month. If they refuse you just proceed with Tribunal.

When you request it you need to state which group you think you should be placed into and your reasons why. Have you taken a look at the descriptors for each one? If not you can see them here.
LCW https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work
LCWRA https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity
I think maybe put the message to your work coach.

Dan88

@Minnie18 hello. Exact same issue? How have you got on? I’m so confused and stressed by it all. Any advice appreciated thank you. Best wishes x

Minnie18

Hi Dan88,
Yes, it's very stressful, isn't it? I got my work coach to chase up the Statement of Reasons which I then got on my journal.
I was very frustrated as it appeared to be based solely on the WCA which was massively incorrect. The assessor had said I could do things that I'd stressed I couldn't; she reported that I could do things that had never even been mentioned; and then things that I felt were important such as my history of falls were not reported. To top it off, they kept me waiting for an hour before they called me in, which they then said meant I could sit comfortably for an hour when in actual fact I'd been pacing around in agony and had told the assessor this. All very unfair.
I asked the Citizens Advice about it and they said to choose the 3 or 4 main points and methodically go through stating what information was incorrect and why. They advised me to state directly, using the language from the descriptors, what I couldn't do. And to be very specific eg. On 7 days per week I cannot walk more than 100m without stopping due to extreme pain and fatigue.
I compiled this into a letter which I submitted via the 'service issues' option on my journal. Apparently anything submitted by this option is seen directly by your case manager. The day after he contacted me to say he had raised a Mandatory Reconsideration for me and they would be in touch when a decision had been reached. I am now waiting for that decision. I am not hopeful as it seems most of the MRs are unsuccessful but at least I've tried. And I felt better having put down in writing all the incorrect statements that had been made.
My advice would be to make sure you get the Statement of Reasons before you submit your request for an MR as you can argue your case much better if you are aware of why the decision was made.
I hope this has helped a little and wish you the very best with it.

Minnie18

@Dan88 Forgot to tag you so hope you are this x

Dan88

@Minnie18 thank you so much for your reply! I honestly don’t understand how they treat people like this. They have no understanding of the stress it causes.

I have severe anxiety and depression. It causes issues in my daily life - friendships etc. they based it entirely on my physically health? Seeing? Walking? Reading? Nothing to do with my mental heath? I have messaged asking for it in writing and my work coach no reply for 2 days! I will have to do the RM and hope for the best. I’m sorry you are going through this also. But I am greatful for this site as I know it’s not just me x

poppy123456

Minnie18 said:

They advised me to state directly, using the language from the descriptors, what I couldn't do. And to be very specific eg. On 7 days per week I cannot walk more than 100m without stopping due to extreme pain and fatigue.

If this is an example of yourself are you aware that this will apply to LCW and would score 9 points. For LCW you need to score at least 15 points and there's no extra money each month. See link. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work

For LCWRA the mobilising descriptor is 50m and they also take into consideration your ability to use a self propelled wheelchair. See link. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity#:~:text=LCWRA%20descriptors,reasonably%2C%20be%20worn%20or%20used.&text=(ii)%20repeatedly%20mobilise%2050%20metres,of%20significant%20discomfort%20or%20exhaustion.

Minnie18

@poppy123456 Yes, I'm aware, thank you. This doesn't relate to myself, it was just an example for Dann88
I cannot mobilise more than 50m without extreme pain and fatigue and needing to rest. I also have arthritis in both hands and my spine which means I don't have the grip or strength to propel a manual wheelchair. The assessor stated in her report that I had said I could comfortably walk 100m, and she completely ignored the problem with my hands and back. Many of her comments were blatantly wrong or completely made up and I must admit I was quite angry. If I had been properly assessed and turned down then I wouldn't have minded so much, but I think the way it was done was extremely unfair and wrong, they should not be allowed to get away with lying like they did.
To be honest, the extra money of lcwra would make no difference as I get more in transitional protection after transferring over to uc from working tax credit; I just wanted them to stop badgering me to work more hours than I can cope with. Now I am pursuing it to make a point that I will not let the assessors lies go unchallenged.
I really feel for people like Dan88 who have mental health issues as it must be so difficult to navigate this system whilst coping with such problems. Xx

poppy123456

Thanks for confirming that, I just wanted to make sure. Believe it or not the majority of people are found have LCWRA. The chances of the decision changing at MR stage isn't as low as it is with PIP so that's good news too. I hope you have good news very soon.

Dan88

@poppy123456 @Minnie18 hello, I was wondering if either of you could advice.. I have asked my work coach for a copy of my report.: and also called the number to ask for the report. Both times on hold for over an hour.. work coach said she can’t get access but will do a MR but I want to base the MR on what they have said. Not just say I feel the decision is wrong! My work coach just doesn’t listen!

poppy123456

You don’t need the assessment report to request the MR. This only causes a distraction to what you should be doing at this stage. Concentrating on the report
isnt going to help with being found to have LCWRA.

Concentrate on which descriptor you think applies to you and why. If it gets to Tribunal stage you will receive a copy of it in the bundle anyway.

Dan88

Oh ok. Thank you very much.

Minnie18

Hi @Dan88,
Sorry to hear you're having problems getting your Statement of Reasons document. I personally feel it is better to have this before doing your MR because you can argue your points better if you know how they made their decision. I requested mine by phone then asked my work coach to chase it up which she did and I then got it on my journal the day after. The Citizens Advice Bureau also advised me to wait for the Statement before submitting my MR although as Poppy says, you don't have to. I guess it is personal choice, but for me I preferred having the information before doing the MR.
Maybe if your work coach isn't being helpful, you could submit a request for the report to your case manager. If you submit your request under the 'service issue' option on your journal, it will get seen by your case manager.
Good luck with it, do let us know how you get on x

Dan88

Oh thank you so much! Yeah that’s what I thought so I could bulletpoint my reasons but my work coach seems to want to do it. As she has already submitted it? Although I asked her not to!! Thank you for your help I’ll keep you both updated xxx @Minnie18