Employment and Support Allowance (ESA)
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Mandatory reconsideration Letter I wrote I would like someone to go over it Please?

LostLost Member Posts: 50 Courageous

Hi Sorry to ask this of you nice people but I just wrote 5 pages of Mandatory Reconsideration Letter to DWP.

For obvious reasons I don't want to post it in this post.

Is anyone here kind enough to go over it and let me know if its good enough to send it to them please? I know I’m asking tag to much but I want to make sure I have done everything correct.

Also I would like advice if I should send this by email or by POST?

If interested, please drop a message in here and I will send it over to you. To read I would be very grateful <3


Thank you




Replies

  • Deb57Deb57 Member Posts: 9 Listener
    Hi, sorry, at the moment I can't read your letter.  But on  sending it. I believe you must sign  it,  so  post it.  BUT make  sure you send it by recorded   delivery. So, they have to  sign it and it is your proof of posting. 
  • LostLost Member Posts: 50 Courageous
    Thanks Deb 
    I will be posting it but before I do I wanted someone to check it to make sure I dud everything  correct.

    Thank you again for your reply. 
  • Deb57Deb57 Member Posts: 9 Listener
    It might be better if you post this this in  the ask  a  benefit advisor  section?
  • debkenzodebkenzo Member Posts: 110 Pioneering
    Hello Lost
    If you still need someone to read over your letter, I would be happy to help you.  I used to be a proof reader and still enjoy checking over document and letters etc. 
    Debbie :) 
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    Hi @Lost, sorry I left you earlier was having problems with computer and just managed to sort it out (me thinks/hopes)!
    5 pages may well be too much for their small brains to digest and they will already have most of your history on file so if they have not bothered to look at it before your assessment........What are the chances?

    That pdf file that I managed to save and was trying to send earlier may be helpful, not had chance to read it all myself yet, Im not sure what the limit is on what we can do in one post so I will try copying and pasting in bits
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    WCA outcome Summary 1. The Healthcare Professional (HCP) role is to provide advice to the DWP Decision Maker (DM) on a claimant’s functional ability, which is objective, fully justified and evidence based. 2. The DWP DM role is to use all the documented evidence available, including recommendations provided by the HCP, to make a decision on a claimant’s entitlement to Employment and Support Allowance (ESA). 3. The final decision on a claimant's entitlement to ESA lies with the DWP DM. Potential outcomes  Terminally Ill (TI)  Limited Capability for Work (LCW) outcome following a previous LCW and Limited Capability for Work Related Activity (LCWRA) outcome  LCW  LCWRA  LCW not met  Failure to return questionnaire (FTRQ)  Did Not Attend (DNA) WCA Receiving WCA Outcomes 4. Several different outcomes can be notified during the WCA process. Outcomes will usually be electronically available to the Benefit Centre (BC) via MSRS. 5. Any associated paperwork will be sent separately in an ESA55 to the BC. 6. When all relevant documentation/information has been received and considered (this may include any information received during the Decision Assurance Call) all WCA outcome action must be recorded on the ESA56. This is to keep track of the Decision Making Process and is a legal requirement. The ESA56 is available within DMACR. See Assessing WCA Outcomes. Note: The only exception is Did Not Attend WCA (DNA) and Failed To Return Questionnaire (FTRQ). 7. The BC will be required to update JSAPS with the outcomes of the WCA. This ensures that the WCA outcome is available for Work Coaches and the Disputes Resolution Teams. If the incapacities recorded on JSAPS do not correspond to the MSRS Report (ESA85/85a), the DM will update JSAPS accordingly. 8. The Assessment report must be checked to ensure it is fit for purpose before a WCA decision is made. If the report is not fit for purpose, take rework action. 9. Full details of how to manage WCA outcomes on MSRS are shown in the ESA MSRS User Guide.
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    10.Once a WCA outcome appears in the MSRS (BNRL) S372 (WCA Result Available) case control is produced. This case control alerts DWP staff that a WCA outcome is available in the MSRS BNRL. 11.All WCA outcomes will produce a S372 WAR, unless it’s a clerical referral. 12.The S372 case control matures overnight and will appear on the WAR until cleared. The case control will not appear on the Overdue Work Return (OWR). 13.The S372 case control WCA outcome reasons shown on the WAR are:  01 = ESA50 not returned  02 = Did not attend  03 = Did not attend (Mental Health)  04 = ESA50 returned late  07 = WCA outcome  09 = User Rejection  10 = Withdrawal 14.Depending on the BC operational set up, teams can either manage WCA outcomes using the S372 (WCA Outcome) WAR or by managing the BNRL daily. In all cases staff must: Step Action 1 Access MSRS to view the Assessment report. 2 Clear the customer action. 3 Input the WCA outcome result in JA674, this will clear the S372 case control. This should always be done by a DM. Viewing Electronic Output from MSRS 15.Access MSRS Browse New Response List (BNRL) on a daily basis to view the list of available outcome or notification reports The BNRL will only contain ‘authorised’ Assessment reports. Where the claimant’s NINO is entered any ‘Assessment’ reports may be visible on MSRS. A draft report is where the report is undergoing audit following an assessment. Do not use the draft report. If this is a Centre for Health and Disability (CHDA) audit then it will be clearly marked as an audit. Receiving the ESA55 Supporting Case File 16.Where MSRS indicates that there is a Supporting Case File (SCF), do not action the electronic Assessment report until you receive the paperwork. If you do not receive the SCF within five working days contact the Health Assessment Advisory Service by telephone to check status. 17.When you receive the SCF, or MSRS indicates there is no SCF, take the following action: Step Action 1. Access the individual claimant’s account in MSRS. 2. Review MSRS Assessment reports along with the SCF and refer the case to the relevant DM, if a decision can be made at this time. Note: If a decision cant be made at this time, as the case is a DNA case and further evidence is required, see Did Not Attend (DNA). 3. Clear ‘customer action’ on MSRS. 4. Access the claimant’s account in JSAPS screen JA674693 ‘PCA Assessment Details’ and record the return date in ‘Return from MSRS Date’ as follows:  if no SCF, record the date the outcome was received in the BNRL  if SCF, record the date of receipt Claimant within 91 days of State Pension Age 18.When it has been confirmed the claimant has LCW or LCW and LCWRA, the following action must be taken: Step Action 1. Check if the claimant’s next review WCA will be within 91 days of their State Pension Age (SPA), before inputting the prognosis. This can be calculated by using the State Pension Calculator. 2. If not within 91 days of their SPA input details as normal. 3. If the claimant is within 91 days of their SPA, extend the prognosis by 3 months. Note: the WCA commences 2 months before the end of the prognosis period. 4. Note JSAPS to explain the extension of prognosis. Example - Claimant was born 01/07/1951. Claimant’s face to face conducted 16/03/2016.Prognosis 3 months which will take them to 15/06/2016. Using the SPA calculator the claimant will become entitled to their state pension on 1/07/2016, therefore the review would commence within 91days of their SPA. You should advance the prognosis period to 6 months. Missing or lost Supporting Case File between Health Assessment Advisory Service and DWP WCA Team Action 19.The Supporting Case File (SCF) or ESA55 should be received by WCA Teams within 5 working days of appearing on the Browse New Response List (BNRL). The first working day following the SCF entry in the BNRL is day one. Note: It is not always the medical advice outcome date, for example the case was selected for Quality Audit check. 20.On day 6 the WCA Team should notify the Health Assessment Advisory Service Team Leader if the SCF has not been received. A local search should be requested to establish its whereabouts and forward to the WCA Team. 
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    21.If by day 11 the SCF has still not been received by the WCA Team, the matter should be referred to the Health Services Directorate (HSD) Performance Manager (PM). 22.If the SCF cannot be found the Health Assessment Advisory Service Site Security Manager should investigate the matter by taking the following action:  arrange full Office Stop and Search  identify courier service issues for escalation with TNT  contact the DWP Nominated Site Manager to request full Benefit Centre (BC) Stop and Search and FARIO check 23.If the SCF cannot be found by day 20 but is still considered to be within the office environment, the HSD PM should agree responsibility for rebuilding the case with the DWP. 24. It is for the DWP to rebuild the case as they own the ESA Customer Journey. 25.The HSD PM should advise the DWP Nominated Site Security Manager for a decision to be taken when missing SCF action is taken. Action to be taken by WCA Team Manager (Band C) 26.The following action should be taken by the Band C Manager: Step Action 1. Clear the ‘customer action’ in BNRL. 2. Refer to the Decision Maker (DM) to determine if there is enough information to determine the outcome or if another ESA50 is required. 3. Refer case to the Operational Security Team In-Box for background checks to identify any irregularities. Missing Supporting Case File found 27.If a missing SCF is found at a later date, notify the nominated DWP Site Security Manager for them to take the following action: Step Action 1. Advise the HSD (PM). 2. Update the Missing document Control record. 3. Arrange for duplicate file and original file to be amalgamated. 4. Email the Operational Security Team In-Box to inform them the missing case has been found. Requesting Rework and Reconsiderations 28.See: Reconsideration and Rework Good Practice Guidance Assessing WCA Outcomes Terminally Ill outcome report received 29.The processor will check if it is a Special Rules (SR) referral or a Terminally Ill(TI) referral:  Special Rules- This only applies when you are notified at the beginning of a new claim or within the initial claim referral period  Terminally ill- A claimant can report they are terminally ill at any point throughout the life of their claim. If it is after the initial WCA they are still referred as TI but they do not have the benefit of the SRTI cases as they do not get their waiting days repaid 30.If the Health Assessment Advisory Service confirms the claimant fits the criteria to be classed as TI then an immediate response will be returned to the Benefit Centre (BC). The Decision Maker (DM) will decide if SR or TI applies. This will be normally notified via the BNRL of an outcome. The report form will be an ESA85A. 31.The Health Assessment Advisory Service will return all documentary evidence to the BC in an ESA55. The Assessment report will be retrieved from MSRS by the DM, who will decide the claimant's classification based on:  a DS1500 if one is held (this may be held by PIP)  ESA85A  any other medical evidence available 32.Where the DM awards support group under Special rules, the DM will record the decision type and decision effective date on Jobseekers Allowance Payment System (JSAPS). This will allow the claimant to have the first seven waiting days removed, if the decision is that they are considered to be SRTI from day one of the claim, and also allow payment of ESA at the Support Group rate to be paid immediately from the decision effective date (in this instance the date of claim.) 33.Where Support Group is awarded from the outset of the claim, take the following action in JSAPS: Step Action 1. Register a change of circumstance event in JA60, in JA060062 input event type 02 (CoC) and subtype 18 (multiple/others) 2. Access JA610636 ‘pick list’ and select ‘Health Details’. 3. Remove the Special Rules indicator. Note: It is important to remove the Special Rules indicator from JA610636 before the WCA outcome is recorded, to ensure the assessment is processed correctly. 4. Assess claim through JA200 and JA405, then access JA674693 and input return from MSRS date. 5. Access JA674694 and input:  Decision date  Decision type 01 for LCW and 03 for Terminally Ill  Decision effective from date 6. Input the next WCA date for 3 years. 7. Note Destruction Date on ESA55 when received, see archiving Medical Evidence.
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    34.Where a terminal illness is identified but a claim has not been made under Special Rules the Support Group component is awarded from the 92nd day. Note: You must always check if the claimant has had a JSA Extended Period of Sickness (EPS) Harmful Information 35.A claimant may be classed as TI without claiming under Special Rules. Usually in these circumstances the claimant and, or their representative is unaware of the claimant’s terminally ill status. 36.Where a claimant and, or representative request a copy or details of the assessment report, Benefit Centre (BC) staff must check the ’Harmful Information’ section and the main body of the medical report for any reference to terminal illness. Do not make the claimant and, or representative aware of terminal illness where they are not already aware of the diagnosis. 37.If there is reference to the claimant being TI within the report, not just on the Harmful Information page, you must ask the HAAS to remove all references to the claimant being TI before issuing it. 38.Harmful information must not be disclosed to the claimant and, or representative. When sending a copy of the assessment report to a claimant or representative never print out the ‘Harmful Information’ page, even if the page is blank. Important final action on all SRTI & TI cases 39.All cases where TI has been accepted the Special Rules flag must be set in JA674. If the 3 year period is exceeded they become LCWRA. 40.Where the SR flag has been removed to allow full award from the outset of the claim as user set case control needs to be set for the next working day to open a new event in JA674, restate the WCA outcome, 3 year prognosis and reset the SG flag. 41.On maturity of the 3 year WCA referral the case should be referred on MSRS as an LCWRA ref, noting a previously TI marker held. LCW or LCW and LCWRA Met Under WCA (WRAG or SG) 42.Claimants can be recommended for WRAG or SG by demonstrating functional impairment, as determined by the WCA descriptors, or by applying Regulation 29(2) for WRAG or Regulation 35(2) for SG. 43.ESA Regulations 29(2) and 35(2) were developed for “exceptional circumstances” where claimants who do not have functional impairment as determined by the WCA descriptors, can be placed in the work-related activity group (Regulation 29) or support group (Regulation 35) if there would otherwise be a substantial risk to the mental or physical health of any person. Substantial risk is taken to include significant deterioration in a claimant’s health condition and violence to others or a risk of self-harm or suicide. See: Reg 29 and Reg 35 changes to Health Care Professional (HCP) instructions from 11.1.16 44.Where the DM makes a decision that the claimant has LCW and is in the Work Related Activity Group or has Limited Capability for Work Related Activity and is in the Support Group the decision must be recorded on JSAPS. 45.Where the DM decision is recorded on DMACR the decision must be printed out and retained in the ESA55 as a supporting document. Clerical decisions will also be retained in the ESA55. Note: If the ESA50 indicates the claimant is a user of drugs, alcohol or other substances see: Use of drugs and alcohol identified on ESA50. Recording a LCW or LCW and LCWRA decision 46.Take the following action to enter the outcome on JSAPS: Step Action 1. Input the return from MSRS date in JSAPS screen JA674693 ‘Personal Capability Assessment Details’. In ‘Return from MSRS Date’ input as follows:  If no SCF, record the date the outcome was received in the BNRL  If SCF, record the date of receipt 2. Access screen JA674694 ‘Personal Capability Assessment Outcome’ to input:  the Decision date  the Decision Type code: 01 for LCW, and then either:  02 for Support Group  04 for Work Related Activity Group  the Decision effective from date Note: You must use the benefit centre DM decision date as the effective date of change when a claimant moves from the Support Group (SG) to the Work Related Activity Group (WRAG) or from WRAG to SG, not the date of the WCA or Medical Report (DMG 04709).  next WCA date (calculated from the last date of assessment and set automatically by JSAPS at 2 months before the actual prognosis date) 3. Input all medical conditions and incapacities noted in the ‘Medical conditions identified’ list on page 1 of the medical report. In JA610 ‘Current Incapacities’ (maximum 2 primary and 10 secondary). If the number on the report exceeds the maximum number on system, decide which subset of conditions to capture and update the system accordingly for example:  using the most recent condition  using the main diagnosis from the output report 4. Re-assess the ESA award in JA200, and adjudicate in JA405. Note: Always consider if the claimant has had a JSA Extended Period Of Sickness (EPS). 5. If you have access to LMS, check to see if the claimant is participating in the Work Programme (WP) and inform the provider using the address in the Work programme Change of Circs contact list. Advise providers directly of the WCA outcome decision by clerically issuing the WP07b. Input note in LMS conversations stating ‘ WCA outcome notified to (Name of Provider) xx/xx/201X’. 6. Note Destruction Date on ESA55 see archiving Medical Evidence.
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    47.When JSAPS is updated with the WCA allowance outcome the following notifications are sent out automatically:  notification to the claimant of either the WRAG or Support Group decision and that there is no need to provide any further statement of fitness for work/medical certificates Note: The JSAPS notification letter must not be inhibited. In JSAPS screen JA405 the ‘Inhibit Award Notification box’ defaults to ‘Y’ and in these cases must be changed to ‘N’.  notification to the claimant’s GP of the WCA decision and that there is no need to issue any further statement of fitness for work/medical certificates  notification to the Local Authority of the WCA decision when LA interest is registered Note: Jobcentres are advised of the WCA outcome/ Assessment report decision through an automatic system case control set in JSAPS. The case control worded “PCA Outcome Recorded” matures on WAR (JA72539). Clerical cases will require an ESA23 to be issued. Consequences: Failing to issue the claimant notification means:  you are failing to comply with the DWP’s legal requirement to notify the customer of the outcome, they have a right to know  failing to inform the claimant of the correct decision and their appeal rights  likely increased complaints which are expensive to deal with  likely increased contact from customers to progress chase, adding to avoidable contact Note: JSAPS will refer to the PCA rather than the WCA Standard Notes for JSAPS 48.Once the ESA award or continuing award has been established BSD staff must update JA110 notepad with the WCA prognosis details for those placed into the WRAG. The full prognosis period is to be recorded in the format 3, 6, 12, 18 or 24 months from the date of the face to face assessment. For cases where the claimant has been placed in the WRAG using Regulation 29, add (Reg 29) to the standard note in JA110. 49.When entering the prognosis details in JA110 (notepad) the date to be input will be the full period decided by the decision maker. The prognosis start date period will be either  the date the WCA Assessment took place (either face-to-face or Advice report) as shown on the ESA85 / ESA85A, or  the appeal tribunal date where the tribunal decide an outcome of WRAG and recommend a new prognosis period Note: The prognosis periods entered into JA110 must be 3, 6, 12, 18 or 24 month format. Failure to do this will jeopardise the New Joiners Work Focused Interview (NJWFI) measures. Example: Where a case is given a 3 month prognosis on 08/08/15 by the Health Assessment Advisory Service which is approved by the DM, the next WCA referral to the Health Assessment Advisory Service will be on due to commence on 08/09/15. BC staff must state in notepad ‘3 month prognosis from 08/08/15’ for Labour Market Work Programme purposes. If the DM had decided to change the Health Assessment Advisory Service’s recommended prognosis to 6 months then the next WCA referral to the Health Assessment Advisory Service will be due on 08/12/15. BC staff must state in notepad ‘6 month prognosis from 08/08/15’ for Labour Market Work Programme purposes. 50.This information is essential to enable Jobcentre staff to calculate when to initiate the referral to the Work Programme. LCW outcome following a previous LCW or LCWRA outcome 51.For cases which were previously in the Support Group (LCW and LCWRA) a recommendation of WRAG (LCW) cannot be made unless a face to face assessment has been carried out. 52.When a new auto push re-referral is made, the previous SG flag or the previous treat as LCW flag is set according to the previous recommendation made by Health Assessment Advisory Service (HAAS), not the outcome determined by the Decision Maker. 53.If the DM determined LCW but not LCWRA on a recommendation from HAAS of LCW and LCWRA the previous SG flag will be set as yes. 54.Where the change to WRAG from SG is identified as having taken place without a face to face assessment or a Treat as LCW with LCWRA details is not identified until after the DM decision on the re-referral has been made the case must be returned to the Health Assessment Advisory Service as a reconsideration. 55.It is therefore essential that BC staff take the following action to ensure face to face assessments have been applied correctly and no claimant is moved from LCW and LCWRA (SG) to LCW (WRAG) without a face to face assessment Note: Where the claimant can be treated as having LCW the WRAG recommendation can be made at the Pre-Board Check stage without a face to face assessment. The Assessment report must include details of the LCWRA consideration 56.BC staff must take the following action to ensure face to face assessments have been correctly applied by the HAAS where applicable: Step Action 1. Check all re-referral Advice reports (ESA85a) with a WRAG recommendation to see if the case was previously SG. 
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    Just realized there is another 30 pages to go, will post on request for anyone interested
  • LostLost Member Posts: 50 Courageous
    sleepy1 said:
    Hi @Lost, sorry I left you earlier was having problems with computer and just managed to sort it out (me thinks/hopes)!
    5 pages may well be too much for their small brains to digest and they will already have most of your history on file so if they have not bothered to look at it before your assessment........What are the chances?

    That pdf file that I managed to save and was trying to send earlier may be helpful, not had chance to read it all myself yet, Im not sure what the limit is on what we can do in one post so I will try copying and pasting in bits
    Thank you for your tip. It's 5 pages because I put down what it says on the paper which section it is score was given 0 and my explanation why I should if been awarded points for it. 

    Fingers crossed Deb will look over and let me know if what I did is sufficient or not. 

    Thank you for your advice and coppy paste 
  • LostLost Member Posts: 50 Courageous
    debkenzo said:
    Hello Lost
    If you still need someone to read over your letter, I would be happy to help you.  I used to be a proof reader and still enjoy checking over document and letters etc. 
    Debbie :) 
    Hi Deb I have sent you private message on here please check your inbox and let me know please.thsnm you for offering to help.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Lost I am happy to read and offer my amater opinion

    CR
    Be all you can be, make  every day count. Namaste
  • LostLost Member Posts: 50 Courageous
    Hi Lost I am happy to read and offer my amater opinion

    CR
    Thanks also sent you PM.
    Thank you.
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