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Second Mandatory Reconsideration

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  • Rosiesmum
    Rosiesmum Community member Posts: 75 Connected

    Morning all quick update no MR  letter still BUT letter from the complaints team at the DWP .They are investigating and have sent details to ATOS about the complaint regarding the consultation and have asked them to contact me.

    I presume that was why the case manager phoned from ATOS but I'm confused if they (DWP) are investigating still after yesterdays call,what a shambles..

    Said they will be in touch after 15 days but wondering if that was the call yesterday? Surely they should have put it in writing,I was so shocked at her attitude I didn't get her name.

    So really none the wiser and cannot put in the appeal til I get the MR notice I can't understand if that was decided on Friday and sent why it hasn't come but a letter dated Tuesday has!



  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @Rosiesmum Good morning and thanks for the update. I think the DWP quote the date the MR was actioned and completed i.e. the date on the MR letter rather than the date it was sent. The fact that reports take a week/10 days to arrive after someone has requested one to be sent shows they are somehow kept in their system before being sent out. Maybe someone else could explain better than me. Also post gets delayed at Christmas.    
  • sleepy1
    sleepy1 Community member Posts: 297 Pioneering
    Hi all
    Isn't it just great to have well paid idiots with little or no experience or morals tell us we are fit and well and (when we and real doctors know otherwise) don't need any help!

    Shame on them and the politicians who have sanctioned this disgraceful attack on disabled people..........Where is the gas chamber???

     
  • Rosiesmum
    Rosiesmum Community member Posts: 75 Connected

    Hi @sleepy1 I know its just nuts but we have to soldier on eh?

    I was just reading another thread where a person with epilepsy has been turned down and someone has added a link to a court ruling which I can definitely use in my son's case,maybe it will be of some help to yourself?

    It's to do with proving the risk of harm which may come to someone, my son has already had heart surgery and they cannot seal all his defects as one sits on the heart wall, so if they touched it basically his heart would stop the surgeon told us, this is on his medical records with the DWP...

    His aorta is starting to split into layers due to his collagen problems so he is at imminent risk of an aortic dissection which is, due to the severity of his condition highly likely sadly so hopefully if I add the new ruling to his appeal it may work, who knows????

  • Rosiesmum
    Rosiesmum Community member Posts: 75 Connected

    Letter is arriving today my husband phoned its in the office so coming out for delivery.The only bit he understood was the 50% rule they used because he works..NO mention of his heart condition from what he saw,it mainly quotes the original report.

    I will phone DWP when I have it around 12 but they probably won't phone me back now til after xmas as its 48 hours I think they have.

  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @Rosiesmum One step forward two steps back by the sound of things. What a shame you couldn't have sorted this out before Christmas. Some people appear to have been able to speak to a DM without waiting the 48 hours, so might be worth a try but they're probably having office parties while they leave disabled people with these rubbish decisions. Do hope the New Year sees an end to this awful process but I doubt it will be scrapped completely which is what's needed. ATOS/Capita need their contracts terminated and the process given back to DWP with an expert panel (like for tribunals) assessing claimants at the start but working independently with no targets to meet. They shouldn't need to assess every claimant only those with insufficient medical evidence. As it's up to the person claiming to use the benefit as they wish so why they need to assess how they're affected by their disability seems a waste of time and money, only that they are genuine claimants. Awards should be given for a sensible length of time according to the prognosis of the condition. This would all save so much money they could pay for the panel with no problem. Just my thoughts on how I would change things.       
  • Rosiesmum
    Rosiesmum Community member Posts: 75 Connected

    *Update*

    Well basically the second is a photocopy of the first with a couple of bits thrown in regarding the physical..I phoned and a lovely lady insisted on keeping at it until she got me through to the DM's as she was so cross about it lol

    Had a very long chat with a man (sure I've spoke to him before) and he has literally given me a walkthrough of what to do next as he was so horrified at the mess up.I have been given a run through of what happens next their end and he even advised on the best course of action with ATOS complaint.

    I really cannot fault the help they have tried to give me to get things put right but every time we hit a brick wall due to the assessors reports..It has shown me how CRUCIAL  these are to get right and this is something I will be persuing with ATOS and the Nursing council regardless of how my complaints go.

    So now if ATOS uphold my complaint basically he thinks they will just do a paper review on the evidence they have but really we would rather my son just have a proper fit for purpose assessment to prove his lack of function in the areas stated even though they do have medical documents to prove this.I just want as I have said all along a fair and honest report...I know they do them!

    He said as @wildlife said after I get the papers in for the tribunal it comes back to them and a senior person looks to see what is being contested,then gives opinion if they have no case to answer or if decision was not made correctly due to legal/procedure issues. This is their first chance to change outcome.

    The DWP then submit their reasoning to the appeal court and the appeal either gets to go ahead or not.

    At any time this is going on the DWP can change their mind so cross everything for me people that the assessments are found not fit for purpose and ATOS uphold the complaint. That's  the easy option..and yes I DID see a pig fly past as I typed that.

    So I can now at least get the submission done and sent off for the appeal.

    I thank you all for listening to my ramblings and for the brilliant help I have had from here it's only down to you I've even got this far.

    I would have a stiff drink but can't cos of my medication so will have to make do with a mince pie!

    I'll be offline for a few days for the festivities and son's birthday on Boxing Day but I wish you all and your families a Merry Christmas and a safe,happy and as healthy as you can be New Year XXX




  • sue66
    sue66 Community member Posts: 124 Pioneering
    Oh how i agree with what you put quote "Awards should be given for a sensible length of time according to the prognosis of the condition. This would all save so much money they could pay for the panel with no problem. Just my thoughts on how I would change things."
    Read more at https://community.scope.org.uk/discussion/38434/second-mandatory-reconsideration#AGvjBhKT9EWEcA9J.99

  • Rosiesmum
    Rosiesmum Community member Posts: 75 Connected

    Still nothing from ATOS regarding the complaint so I can't move forward with the NCM complaints until this one is resolved.

    I have almost finished the appeal submission and wanted to know if I should include medical reports as I did for MR ?

    For example I stated my son needs assistance to wash between his shoulder blades due to build up of scar tissue/hypermobility etc (have report from Stanmore mentions this and OT report regarding installation of wetroom) Both medical assessments state he can use a bathboard on our imaginary bath we don't have and a long handled brush he could not grip...

    I want to include the concise details of what went wrong but it is running into pages again!

    Any advice would be much appreciated I'm getting worried about missing the deadline as I've been laid up and currently stuffing antibiotics for a throat and ear infection!



  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hi Rosiesmum

    Have you had the bundle of evidence from DWP or are you just at SSCS1 stage ?

    CR
    Be all you can be, make  every day count. Namaste
  • Rosiesmum
    Rosiesmum Community member Posts: 75 Connected
    Hi @CockneyRebel thanks a lot for your reply it is for the first form the SSCS1 ,there's only a tiny box lol I don't want to overwhelm them with stuff if it's not needed yet! It does say to add any extra pages if needed but not sure wether they want the whole debacle or not sorry
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    That is what I thought,
    You only need to send basic reasons for your appeal at this stage. You will receive the bundle from DWP with all the evidence used so far and this is what you need to complete your submission as you can reference each point to the evidence by page and paragraph to make it idiot proof

    CR
    Be all you can be, make  every day count. Namaste
  • Rosiesmum
    Rosiesmum Community member Posts: 75 Connected

    Ha ha yep idiot proof is right indeed @CockneyRebel !

    At least I have that part near enough done as I did that for the MR.

    Off to take this son's mobility car back today.

    It's been a right nightmare trying to sort everything out and swap over awards then the car we needed they couldn't get in time.

    This evening will be spent trying to ensure my other son is comfortable with his new 'rider' as he calls it :) He's quite excited about it now so hopefully he will settle well with the change over.We are very fortunate we aren't left housebound as many others have been.

    Thanks again for all your help :)

  • Rosiesmum
    Rosiesmum Community member Posts: 75 Connected

    Quick update

    Appeal form sent on the 5th December.I am quite proud of the fact I managed to fit everything inside the tiny box! I enclosed copies of every pertinent medical report I could find which tallied up with what I wrote in the box.

    Requested a paper hearing as per my son's wishes.

    ATOS have yet to respond to my complaints it is officially 20 days tomorrow they say...

    I received a phonecall from a senior manager at the DWP regarding my email to the ministers and the first thing she stated was "You know I can't change the decision" I was a bit cross as my email was regarding the assessment issues and NOT the decision.

    Basically she fobbed me off with that's what the safeguards are there for  (meaning MR and Appeals) sooo nothing constructive to add really just tea and sympathy as usual!

    I will ring ATOS in the morning to see what is going on.

    I have found a brilliant xray picture showing not only my son's scaffolding and fusion quite clearly but also includes all the 'S' shaped curves and rib displacement he does not have according to the HCP.

    I just hope we get someone doing the appeal who will look at the medical evidence finally but after what has happened so far I really am losing faith in the system ever getting it right for my son.

    He'll be going onto beta blockers in April so that'll probably trigger another assessment ..happy days :)

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