So if you ask for Mandatory Reconsideration you currently have 13% chance of success, with DWP only meeting their turnaround target (which isn't actually specified and is probably quite a lot longer than the claimant wants) 70% of the time. Then there's the wait for the appeal when you have a much better 67% chance of succeeding, finally proving that the whole MR process is just a delaying tactic with the additional bonus of at least some claimants giving up/dying before they get to appeal.

 

Speechless.

How about this then?

WCA July - Decision Notice dated end of September zero points.

MR sent off immediately...... 1st DWP contact is a text dated December saying they will respond by the 29th of Dec

MR decision notice received Jan no change.

Appeal lodged via SSC1 form within 7 days - TS Service withdraw my appeal mid Feb due to DWP decision in my favour.

Except for the text messages telling me not to send more fit notes and they have the results of my WCA received last week nada nowt nothing and am still waiting to hear what this decision was in February

My not claiming Universal Credit (DLA plus nil income Local Housing Allowance claim) due to the loss of SDP claiming UC would entail during my MR might have thrown em. Plus my SAR they refuse to answer about re-working my WCA report for "statistical variances" but still 9 months on.....

Time for tea said Zebedee

You are also highly likely to get put through a DWP DM review after lodging your appeal with the Tribunal Service.

So the DWP have 3 bites at the cherry before you even get near a 1st Tier Tribunal hearing.

My 1st ESA appeal in 2010 was decided and withdrawn by the DWP 6 months after being lodged with the Tribunal Service.

My latest one lodged Jan 2017 - the Tribunal Service wrote saying it had also been pulled by the DWP with a more favourable decision mid February. The DWP still haven't bothered to let me know what that decision is yet - although I got a text last week telling me they had received my WCA decision and not send any more fit notes.

Currently running at 87% of decisions same as original DM decision because....

This folks is why you should ignore the DWP and appeal!

I'll give DWP DMs the benefit of the doubt here as although my last MR for DLA was refused.... the Mandatory Reconsideration DM actually didn't write against my new lower award but how I could win at appeal!

Bizarre but true !

Reddit thread

Rightsnet thread https://www.rightsnet.org.uk/forums/viewthread/11271/

Dear Brian Tanning,

 

Thank you for your Freedom of Information request received on 20 April 2017. You asked for:-

 

Please provide any Key Performance Indicators which apply to DWP around the handling of

mandatory reconsiderations of benefit decisions, especially turnaround time.

 

Please also provide historic performance against these indicators.

 

DWP Response

 

The key measures which are used by the Department for Work and Pensions to monitor

Mandatory Reconsideration (MR) performance are:

 

a) 90% to be cleared within target.

 

b) 80% of the original decisions are to be upheld.

 

The performance measures for April 2016 - March 2017 are:

 

% MR Cleared within target = 70.2%

 

% MR Original Decision Upheld = 87.5%

Notes:

Upheld - percentage of MRs where the decisions have either been unfavourable to the claimant

or where the previous decision has been maintained.

 

Sources:

RDA/RAA 60209 & 60205 reports for DLA/AA,

Pensions computer system for Pension Age,

SAS Business Analytics software for CMG,

Decision Making and Appeals Case Recorder (DMACR) for Working Age benefits.

 

The above data sources are Departmental performance management, data capture and

reporting tools. This type of internal management information does not form part of the official

statistics outputs that are released by the Department in accordance with the UK Statistics

Authority’s Code of Practice.

 

If you have any queries about this letter please contact me quoting the reference number

above.

 

 

Yours sincerely,

 

 

DWP Central FoI Team

For the rest of you as there''s no notify of posts on here

Sales keep checking for flash discounts fire sales until midnight 19/5

https://www.planetofthevapes.co.uk/forums/bargains-deals-and-comps/bargain-basement/

https://www.reddit.com/r/ECR_UK/#subs

A couple of places to look daily for community/vendor reported flash sales and discounts

https://www.planetofthevapes.co.uk/forums/bargains-deals-and-comps/bargain-basement/

https://www.planetofthevapes.co.uk/forums/vendors/vendor-news-and-general-discussion/

https://www.reddit.com/r/ECR_UK/#subs

Here's a few places to check for permanent codes but the list is not definitive

https://www.planetofthevapes.co.uk/discount-codes

http://www.e-cig-reviews.com/discount-codes

http://allaboute-cigarettes.proboards.com/thread/2/cigarette-liquid-vendors-discount-codes

http://ukvapers.org/Thread-VENDOR-DISCOUNT-CODES-ADD-THEM-HERE

It's true that is as I started vaping 4 years ago and once I found something that worked haven't smoked since.

Smoke is a vapour of fine particles of solid matter suspended in air - whilst our vapour is atomised fine liquid molecules suspended in air.

Before the usual crowd cast derision and half truths from their personal I read Alan Carrs' book and convinced myself nicotine is poison routine

I don't really care because I love nicotine and the way if effects me. I like my caffeine in the morning, my whiskey at night and this tank of Tit Sauce - Custard (12mg nicotine) I'm vaping atm (along side another tank of Rejuiced Raspberry Rasputin I have on the go) is nice, tasty and relaxing me!

Nicotine has also been found beneficial to some mental health conditions (depression/anxiety) and certain degenerative old age conditions (dementia/alzheimer's) amongst other things. So....

adridude I'll PM you with some links..... as we're in the once in a life time TPD regulation fire sale until midnight Friday

I might even have another go at another Consumer Action Group - Vaping Thread to help people starting out like I did a while ago. Didn't last long before the Alan Carr brigade arrived

Well it took 3 years of me shouting the odds before the admins/mods/valued posters started treating DWP/HMRC debt like they would normal debts and challenging it! So.........

Just to add to my previous post!

His 1st stop should be the Local Council offices and their Housing Options Team or whatever his council calls it.

They will probably not offer him accommodation as he's in a non priority group.

They will how ever get him on the Housing Register.... if he can wait 10 years he might get something.

But they should offer him the deposit service (Council fronts the deposit for a private let), may have lists of landlords to approach and may if he's really lucky have a Welfare Rights service to help with the DWP benefit issues.

The SHP are well worth a call as they can help with computer access - I know from experience that their Vauxhall office has a computer room for use by homeless people.

He also needs to raise a complaint with the DWP about being refused the ability to make a claim for benefit! His claim for benefit should start from the day he tried to apply for it. Not from the date they actually made him to jump through hoops before they accepted it. So when he makes an accepted claim he needs to ask for the benefit to be backdated to the original contact date.

This complaint should also be copied to their local MP as it will be dealt with quicker with their help.

Whilst he might not want to fight the good fight he will win this at a First Tier Tribunal and that money is the difference between sink or swim!

Try these people http://www.shp.org.uk

London is quite fragmented for support/charities and what each council offers as services.

Why?

I've been asked that question by every psychiatrist I've seen!

So....

I'd rather we got a bit animated about the loss of the WRAG premium, the guidance that says nobody with mental health issue could be harmed by WRAG activity (so no Support Group for you mentellers) and how conditionality work under Universal Credit.

So psychosis voices come down to the job centre to sign your UC Claimant commitment which..................

Download the form SSCS1, fill it in, send it off (if you can get to a post office ask for a free proof of posting certificate - no need to send it signed for) and then wait for a reply.

Form is found here https://www.gov.uk/social-security-child-support-tribunal/appeal-tribunal

Fill it in as best as possible, argue your case well (i.e. I should be in the Support Group because... I meet special Rule/score X points on Descriptor 1,... 2,... 3,.. 4,... etc and supply supporting evidence if needed.

Don't worry about sending everything or if you are waiting on things. Once the appeal is accepted you will then be sent an Appeal Reference - if you need to send anything else - write a nice letter explaining what you're sending and why/what it proves putting that Appeal Reference, ESA and your NiNo at the top of every page you send in.

My top tip for evidence gained after the date of the decision is to try and link it to any previous evidence report you have and ask the tribunals discretion

This was a push but they accepted my Psych report created 3 months after the ESA nil points decision and brought into play the Psych report some 3 years previously - it's all about the wording!

Dear Sir/Madam,

please could you add the enclosed 2 page Psychiatric Assessment Report to my referenced above appeal submission for Employment and Support Allowance.

Whilst I fully understand that this evidence is from after the date of the ESA assessment/decision Jul-Sept 2016. I hope that when read in conjunction with the previous Psychiatric Assessment Report (Dec 2013) it shows a continuance (I'm not sure that's the right word for it?) in both reports' conclusions (well as much as two psychiatrists can). Therefore (at your discretion of course) could be considered valid as if created on/before the assessment/decision date or if not, might be used to add weight to the continued relevance/validity of the earlier 2013 report at the time the assessment/decision for ESA was made?

You should have 2 copied of that decision notice called a Mandatory Reconsideration.

You have 1 month from the date on that letter to lodge an appeal. Whilst doing that you will still be paid the WRAG amount.

Download, fill in and then print off (keep a copy for yourself) the SSCS1 form from here https://www.gov.uk/social-security-child-support-tribunal/appeal-tribunal

Send that plus 1 copy of your Mandatory Reconsideration letter to the address on the SSCS1 form.

You can either send in more information with that or wait until you get confirmation and a case number from the Tribunal Service and send it in later quoting that reference number.

Thing to note :- the DWP have decided that there is no Work Related Activity that would adversely effect people with Mental Health issues. Thus stopping anybody with mental health being awarded Support Group - its internal guidance which is not law so doesn't affect what the Tribunal panel will think. So you need to argue a Support Group descriptor and/or in one of your appeal points argue specifically why/how Work Related Activity would impact your life, worsen your condition.

The notify period is 21 days from change.

You can do most things online - but if it's like my Council their online portal is an absolute shambles - painful and very frustrating to navigate or use.

Well you have the choice of

1, appeal by filling in the SSCS1 form - send some supporting evidence - wait a few months

2, sign on for JSA/UC and attend appointments and look for work

3, no money

4, get a job

Which one is the lesser of evils for you?

Have a look at these 2 threads about SDP

http://www.consumeractiongroup.co.uk/forum/showthread.php?437802-Tribunal-preperation-for-back-dating-of-SDP&p=4665135#post4665135

http://www.consumeractiongroup.co.uk/forum/showthread.php?472144-Severe-Disability-Premium&p=4972515#post4972515

Now you're not strictly a failure to consider your circumstances due to maladministration on Conversion from IB to ESA

Yours is a failure due to maladministration to properly investigate your circumstances when you were awarded PIP.

(Now if you were previously awarded DLA at Mid or Higher rate at any point then you could argue that too)

It's basically is the same argument as used in Conversion cases but simpler as it's the awarding of PIP that is the trigger for the DWPs investigation (or lack of it). See my explanation in the 1st linked thread. Easy win at Tribunal and if you get the right DWP person and argue it correctly using the correct terms (so as not to confuse them) it might not get that far. We live in hope so expect to have to appeal and go to tribunal.

Read up on the links and advice in my posts and others in those threads to get the argument right. Then just make sure to ask for a mandatory reconsideration and appeal within the correct time limits.

Have a look at this thread and the rightsnet link in my post in it.

http://www.consumeractiongroup.co.uk/forum/showthread.php?470734-Severe-Disability-Premium

You need to change your terminology as you're confusing the DWP

You are not asking for a 'back date'...... you are asking to be paid from the date you became eligible for it.

In DWP speak back date has a strict and specific definition which is time limited usually because you failed to declare something.

You're not asking for that - you are arguing official error in a decision they made some time ago. You want that decision corrected and paid from the date the original decision could/should have been made. There are zero time limits on this.

Edit.....

Also the 13 month time limit is for appealing a decision - you are not doing this either! I think the term is asking for an "Any Time Revision" based on official error at the point the decision was made.

Ooooooo - ESA is a single benefit - you can not apply for Contribution or Income based although the DWP like to pretend you can!

Failure to investigate eligibility i.e. maladministration.

Rightsnet discussion forum and I think there's a few rightsnet links on the subject in my posts on here about SDP

read this http://www.rightsnet.org.uk/forums/viewthread/7199/

Edit Antone is correct on the form! They're now investigating eligibility for income a bit late but......

Sounds like somebody has their wires crossed.

Originally it sounds like you were ported from DLA to PIP - but at a lower or zero award for care. You appealed won and this was backdated to the DLA to PIP conversion?

I'm confused!

Keep all paper work just in case and don't do anything more until a letter officially stating you owe anything arrives.

I doubt it will once somebody rubs 2 brain cells together but this is the DWP were talking about so it might take a little time for everything to up date correctly.

Edit thought something was a bit......

You got awarded Standard care which comes with SDP so not sure what the issue is?

Is this an SDP/other premium added to ESA that's continued?

If so whilst it's polite to inform them once you notice - it should have stopped automatically - therefore official error due to maladministration.

I'd call the DLA helpline inform them of it and ask their advice.

They tend to be quite nice about things so will do something to stop it and or tell you who to contact which will be the benefit paying it so ESA again.

I had 3 months of SDP continuance when I was bumped to LRC for 6 months until I won my DLA appeal.

Got a bit paranoid about it but after a couple of calls to both DLA and ESA and when it still failed to stop another couple the last lady just said not to worry official error.

But those were the carefree days of 2012! I know the DWP will try and recover everything now; but you are at no fault here so might get lucky? Plus have a good case for discretion on terms of pay back/write off which still exists amazingly.

Overpayments will not know about it until informed by ESA. Until they contact you officially by letter there is no overpayment.

Well I lost my appeal and have had the paperwork .

 

I am a bit confused, it says that i have a month to either ask for a set aside or for a statement of reasons , it then goes on to say that I have a further month from the application for set aside being refused or the statement of reasons being issued to apply for permission to appeal

 

The guy on the phone said that it was actually 1 month for statement of reasons and then I had another month to apply for a set aside and then once that is done another month to apply for leave to appeal

 

Anyone know which it is?

 

Another question , and I have two answers at diffferent times

 

At my appeal are they assessing my condition on the day of the decision or the day of the appeal - these were nearly 12 months apart ?

As Nysty says time of decision for the 2nd question as for 1st question........

Basically you have a month from this tribunal decision to ask for a set aside on either a procedural error or an error of law. Here you request the Upper Tribunal to look at the decision of the First tier Tribunal [FTT] you've just had.

Whilst you should have a decision letter from the Court you can ask for a more detailed version showing their exact reasoning called a Statement of Reasons - This delays matters whilst the Statement is produced and also sets the clock for asking for a set aside (as described above) to the date you receive it.

Now what should you do is the question?

If you think that you are still eligible for PIP re-apply. At present there is no limit on attempts from what I can tell.

I say this as you will need help for a set aside (this isn't like asking the DWP to look at it again), there is also the fact it could take months for a statement of reason to be produced and until received you sit there. Then you write your reasons, a judge looks at it and even if its in your favour will usually mean another FTT which all takes time! - by all means ask for one but unless there is something obvious or you get professional help - CAB or local Law centre might be a good shot? - don't expect much.

Forget about covert recording and the like as all they do is prove he said she said etc. They can not an will not prove that you meet the criteria for PIP which is what you need to concentrate on!

I meet the criteria for PIP because under activity;

a

b

c

d

e

Simply put, case law is a ruling handed down by the High Court (or Supreme Court) on a specific case. This is then used as definitive guidance in similar cases in the lower courts.

Upper Tier Tribunal (UTT) decisions set the precedents/case law which the lower First Tier (FTT) follow.

These UTT decisions can then be over written by a later UTT decision. If still not happy UTT decisions can then be escalated as Mr P stays until it reaches the Court of Appeal as it is the highest court in the land.

Most of the time the UTT just throws everything back to the FTT to make a new decision if it thinks there is an error. It's very rare for anything to advance beyond UTT and even rarer to get to the Court of Appeal.

Not because of obstruction but the fact it's usually dealt with at some point by a Court between FTT & Court of Appeal.

Have a look at this thread and also the thread linked to in one of my posts in that thread.

http://www.consumeractiongroup.co.uk/forum/showthread.php?437802-Tribunal-preperation-for-back-dating-of-SDP

The DWP tend to get confused by the term "backdate" (which in DWP speak means up to 3 months) and "paid from the date I became eligible for it" due to a benefit award.

Well thats a bit more positive!

I got the fees wrong as they've gone up http://www.landlordlawblog.co.uk/2016/03/23/much-cost-evict-tenant/

At the time of writing the court fees for evicting tenants are

£355 – County Court standard fee

£325 – Possession Claims Online fee (can only be used for rent arrears claims)

£110 – Bailiff’s fee

Yes they can the fee is £170-£280 depending on route.

https://www.mydeposits.co.uk/blog/bad-news-landlords-and-tenants-court-fees-possession-rise-60/

If you haven't already talk to SHELTER

Book an appointment or go and see your Councils - Housing Options team - they're there to prevent homelessness and should attempt to mediate between you and your Landlord. You Councils website will have their exact name and contact details.

If you have a local advice service/CAB/Law Centre talk to them as well if you need help with representation/legal work.

The fact that you've tried to mediate and are expected to get some money to reduce the arrears soon will go in your favour if it gets to a Court hearing. You really want to prevent that if at all possible so talk to Shelter then hit the Council.

I'm not sure if you can get and advanced Universal Credit payment or the Council could award a DHP (Discrtionary Housing Payment) or grant etc but it's always worth asking.

not really as........

we established a long time ago that there is simply just no such rule in the legislation.

I had my 1st assessment back in 2010 rescheduled 6 times.

The issue is that the internal DWP guidance states refer to decision maker if YOU cancel more than once no matter what the reason.

The trick is to argue that they have not complied with something like offering a taxi or home visit so that you put the cancellation on them not you.

Other than that you need a cast in stone reason you can back up with evidence. Even then you run the risk of a vengeful pointless sanction to meet DWP targets.

It's basically play the game!

Your friend needs to do 3 things (well 4)

1, apply for PIP immediately - if successful they will receive it from this date (see 2)

2, appeal the failure to return the PIP documents - this will if successful date the PIP claim in 1 to the date DLA was ended.

3, write a formal complain to the DWP and CC it to their MP.

And 4 contact a CAB or charity (unless anybody here has any ideas?) to see if they can think of a way to get DLA back in payment as it's pretty clear that is a mistake by the DWP and not your friend.

All I know is once the DLA->PIP is kicked off it's a 4 week cut off for return of the PIP forms before DLA automatically ends. Haven't a clue about if they're not received in the 1st place due to official error or if there is any way to get the DLA back in payment until a decision on PIP is made?

People we've been through this all before........

This is the softening up narrative to change public perception 6-12 months before something really nasty happens.

Now add this too things that have happened over the past 3-6 months;

a, removal of mental health safe guarding from the DWP ESA Guidance

b, issuing of guidance to both DWP and MAXIMUS that except in exceptional circumstances there is zero WRA (Work Related Activity) that could cause mental harm. No no more Support Group for you naughty mental health claimants.

c, advertising for 80+ FTT Presenting Officer positions - appeals just got harder and S.O.R. requests will routinely be asked for by the DWP - training material for POs

d, shifting of suicide risk on to MAXIMUS assessors by the DWP

Add the above too

e, the removal of the WRAG payment under UC and ESA sometime in 2017.

Can anybody see the end game here?

Bye Bye WRAG.... the blurring has already started again to call it the can do some work group (dropping the in future bit)

I see they're dipping their toe into the physical disability pool to...... bad back scrounger headlines in 3.2.1.......