Employment and Support Allowance (ESA)
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No Statement of Reasons or Mandatory Reconsideration

I have been trying to get a Statement of Reasons and Mandatory Reconsideration since Oct 2017. Two calls made and two letters sent, they say nothing received. Despite evidence to contradict their statements.

CAB haven’t been at all helpful, so contacted M.P, who has decided he is a Post Office and merely passes emails from me to DWP and their one response to date. They didn’t even follow their own procedures so I have sent in a complaint via recorded delivery.

i am considering making a complaint for Maladministration, for the numerous procedural errors, but would need help getting that complaint put together.

Replies

  • poppy123456poppy123456 Member Posts: 23,172 Disability Gamechanger
    Hi,

    A statement of reasons is what you ask for from HMCTS after a Tribunal. A Mandatory Reconsideration is asking DWP to look at a decision again and comes before a Tribunal. What you stated here makes no sense.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • PTSDdisabledPTSDdisabled Posts: 41 Member
    I can only state what I was advised to ask for.

    When I telephoned to ask for a Mandatory Reconsideration, I also asked for a copy of the decision makers Reasons

    i can request a statement of reasons for my being removed from Support Group to WRAG Group. That was after an assesement, how do I know what to make an appeal for if I do not know what I was marked down on?

    It might make no sense to you, but I don’t know the process.

    I also do not like the patronising tone of your response, do you often write condescending comments on peoples posts? people who are seeking help from you! 

    I suffer from PTSD, a protected characteristic under the Disability Act and comments such as yours are a trigger for me.
  • PTSDdisabledPTSDdisabled Posts: 41 Member
    @poppy123456PTSDdisabled said:
    I can only state what I was advised to ask for.

    When I telephoned to ask for a Mandatory Reconsideration, I also asked for a copy of the decision makers Reasons

    i can request a statement of reasons for my being removed from Support Group to WRAG Group. That was after an assesement, how do I know what to make an appeal for if I do not know what I was marked down on?

    It might make no sense to you, but I don’t know the process.

    I also do not like the patronising tone of your response, do you often write condescending comments on peoples posts? people who are seeking help from you! 

    I suffer from PTSD, a protected characteristic under the Disability Act and comments such as yours are a trigger for me.

    How long do I have to ask for a mandatory reconsideration?

    You must do ask for a mandatory reconsideration within the time limit of one calendar month. If you have asked for a written statement of reasons for the decision the deadline may be extended. “Care to explain that?”

    If you miss this deadline you will need to give reasons for why your request is late and it will then be up to a decision maker to decide whether to extend the deadline.

    The decision maker has the power to extend the deadline by up to 12 months.

    There is no right of appeal against a decision not to extend the deadline, however. The only slim hope would be to try to have the decision judicially reviewed.

    From Benefits and Work.

  • poppy123456poppy123456 Member Posts: 23,172 Disability Gamechanger
    What do you mean you don’t like the patronising tone of my response? There’s absolutely nothing bad in my reply to you and I have no idea why you think that! 

    I was asking you questions because what you said didn’t make any sense. I was trying to help you like I do with 100’s of people that post on these forums!

    Im sorry but I don’t like your tone so I won’t try to help you further but I wish you good luck, I’m sure someone will gladly help you further.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 23,172 Disability Gamechanger
    I find your reply extremely insulting and all I did was try to help you! I have reported your post! 
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • mikehughescqmikehughescq Member Posts: 7,197 Disability Gamechanger
    Oh dear. Please take a deep breath and a step back @PTSDdisabled. Telling people they’re patronising and then heaping a whole pile of personal insults is not the way this forum conducts itself and it won’t help you get the help you now urgently need. Your PTSD must be awful but it is no excuse for personal insults.

    @poppy123456 is 100% correct. A statement of reasons is what you ask for after a tribunal hearing. However, what you’re talking about is asking for an explanation of your original decision. That adds a couple of extra weeks onto the 4 you get to do an MR but that’s all it does.

    However, the reasons you have asked for are computer generated and would pretty much tell you nothing. You’re now a year down the line and you need to act urgently or the matter is at an end. This is because you’re well outside the 1 month time limit and there is an absolute time-limit of 13 months. Based on your post you have less than 4 weeks to act. Possibly a lot less. If you don’t then the matter is over. 

    Forget MPs, maladministration etc. Lodge a new MR. Do it in writing and keep a copy. Don’t send it by recorded or special delivery. There’s no point. You’re posting mail to a privately run mail collection centre. It could literally be signed for by anyone and still not make it to DWP  Do also send a copy to [email protected] When you do your MR include copies of your previous MRs (you have kept copies haven’t you) and refer to them. You don’t and never did need the reasons letter to do this. You just need the suppprt group criteria; to know which one you meet and to then be able to detail your evidence in support of that. This is the only realistic option you now have to get this back on track.

    The 4th paragraph quoted from the B&W site is incorrect by the way. The link below takes you to the decision a year ago which made it clear there absolutely is a right of appeal against a refusal to do a late MR. It’s not just B&W which haven’t corrected this. DWP are still misleading people about it.

    You don’t appear to have had any refusal of a late MR so appeal is not an option to you. Maladministration is also not an option as you would need to have exhausted the complaint process. A new MR as described looks like the only way to rescue this to me. 

    https://assets.publishing.service.gov.uk/media/5bb61f8040f0b64a3f97a671/_2018__AACR_5ws.pdf

    Finally it’s worth noting that PTSD is not a protected characteristic under the Equality Act 2010. Disability is the protected characteristic and that is only established by having a condition likely to exceed 12 months and which causes a substantial disadvantage. Some PTSD meets neither of those so it’s not an automatic thing at all. Not relevant to this discussion but worth mentioning in case you believe the impacts of your PTSD should be taken as a given.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    We want to keep the community a safe and supportive place. Personal attacks on other members will never be tolerated, and comments have been removed from this discussion by moderators. Please ensure all discussions and comments are in keeping with our community guidelines
  • PTSDdisabledPTSDdisabled Posts: 41 Member
    Oh dear. Please take a deep breath and a step back @PTSDdisabled. Telling people they’re patronising and then heaping a whole pile of personal insults is not the way this forum conducts itself and it won’t help you get the help you now urgently need. Your PTSD must be awful but it is no excuse for personal insults.

    @poppy123456 is 100% correct. A statement of reasons is what you ask for after a tribunal hearing. However, what you’re talking about is asking for an explanation of your original decision. That adds a couple of extra weeks onto the 4 you get to do an MR but that’s all it does.

    However, the reasons you have asked for are computer generated and would pretty much tell you nothing. You’re now a year down the line and you need to act urgently or the matter is at an end. This is because you’re well outside the 1 month time limit and there is an absolute time-limit of 13 months. Based on your post you have less than 4 weeks to act. Possibly a lot less. If you don’t then the matter is over. 

    Forget MPs, maladministration etc. Lodge a new MR. Do it in writing and keep a copy. Don’t send it by recorded or special delivery. There’s no point. You’re posting mail to a privately run mail collection centre. It could literally be signed for by anyone and still not make it to DWP  Do also send a copy to [email protected] When you do your MR include copies of your previous MRs (you have kept copies haven’t you) and refer to them. You don’t and never did need the reasons letter to do this. You just need the suppprt group criteria; to know which one you meet and to then be able to detail your evidence in support of that. This is the only realistic option you now have to get this back on track.

    The 4th paragraph quoted from the B&W site is incorrect by the way. The link below takes you to the decision a year ago which made it clear there absolutely is a right of appeal against a refusal to do a late MR. It’s not just B&W which haven’t corrected this. DWP are still misleading people about it.

    You don’t appear to have had any refusal of a late MR so appeal is not an option to you. Maladministration is also not an option as you would need to have exhausted the complaint process. A new MR as described looks like the only way to rescue this to me. 

    https://assets.publishing.service.gov.uk/media/5bb61f8040f0b64a3f97a671/_2018__AACR_5ws.pdf

    Finally it’s worth noting that PTSD is not a protected characteristic under the Equality Act 2010. Disability is the protected characteristic and that is only established by having a condition likely to exceed 12 months and which causes a substantial disadvantage. Some PTSD meets neither of those so it’s not an automatic thing at all. Not relevant to this discussion but worth mentioning in case you believe the impacts of your PTSD should be taken as a given.
    mikehughescq 

    Thank you for responding to me.

    I have responded to segments of your response.

    Whilst I appreciate that advice, it is hard to control when in a triggered and flooded state. I took the statement to be an attack, which was incorrect, but if you suffer from “hypervigilance”, it could be seen as such. Many of the letters I get are written in such a way as to make one feel worthless having read them, hence my instant triggered reaction.

    I was told to request a statement of reasons by CAB, and did so previously and obtained the points I had been given against descriptors by the decision maker, I was sent the information and then requested a mandatory reconsideration with my reasons why I thought they were wrong. I was placed onto The Support Group after the mandatory reconsideration.

    I sent an email, via my M.P, to The Complaints Resolution Manager, requesting a Mandatory reconsideration 11 September 2018. Will that be enough?

    I have copied my letter to The Complaints Resolution Manager to the email you have kindly supplied

    Maybe a reason I got spikey? If the sites that are meant to give you information mislead you and you are questioned about something that you “think” is correct it could lead to triggered behaviour in people suffering from my condition? I know I was wrong to have flown off the handle, but that is today in the cold light of day and after a day of reflection.

    I have had the condition since 2000 and have checked up with the Equalities Commissioner if my condition is a “protected characteristic”, as it does affect my day to day life and does place me at a substantial disadvantage. Which I may have demonstrated in my responses, I am the same in person and do not go out any more. My conditions according the Equality Commissioner's Office are protected characteristics. 

    Thanks

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