Mandatory Reconsideration letter

[justfornow]

Hi All,

Thank you Margaret, and all who kindly replied.

I will read all the information you have given me, and yes, I will send off for a SAR.

I have been reading some of the notes from his medial records that I received last year, due to the tribunal case, and the part about contact with my GP,

it just says that he has not been in contact at all, it does not say anything about me going and having a very long talk about my husband, the GP even gave me very powerful tablets for him "Antipsychotics", and he just took my world for it that my husband was in a bad way, "which was very kind and trusting of him" . I always make the appointment in my husbands name, and I just turn up and walk in, none of this was mentioned in his notes, the DWP only contacted the GP surgery, and Not his Dr, My appointment next Thursdays is done the exact same way, is there a type of letter that I need to ask my GP for? Or do you think it will be a good idea to have a Mandatory reconsideration letter already written, and perhaps get him to sign it, then I can send it off, as you say Recorded delivery.

Thank you all for your advice, and kind words.

Thank you.

[**Margaret**]

:justfornow:

 

At risk of you being ; the request for a mandatory reconsideration of the decision by Jobcentreplus to terminate your husband's incapacity benefit for 'failure to attend', even if it's written and signed by you, needs your husband's signature as well. The doctor's no more authority to sign for him than you or me. (And it's not this letter that needs the doctor's signature. It's a possible one to Atos about arrangements for an assessment, if the disallowance of your husband's incapacity benefit is revised by Jobcentreplus/at tribunal or he makes a claim for employment n support allowance.)

 

How long is it since your husband's doctor last clapped eyes on him? Antipsychotics aren't paracetamol or smarties! As you say they're powerful drugs, often with some severe side effects that need to be monitored. Personally I don't think the doctor's doing either you or your husband any favours by allowing this angst to continue. Hopefully you'll be able to get some advice from one of the helplines nest week. Both Mind and Rethink should be able to point you towards some local support.

 

Best wishes, Margaret.

[justfornow]

Hi All,

 

I have visited my GP on Thursday, he said he will write a letter for my husband telling ATOS that he is too ill to go for a medical, I have to pick this up on Monday.

So over the weekend I am getting all my papers ready, can anyone tell me where I send my subject access request too, is it DWP in Blackpool?

Also I was thinking of contacting my local MP if, they still try to make my husband attend the medical, does anyone think that this is a good idea.

So to recap, I am going to get the letter from the GP on Monday photo copy it several times, and send it off with the Mandatory Reconsideration letter and a copy of the letter I have sent to my local post sorting office, then I will send a subject access request off with £10 cheque, I am going to do this all by recorded delivery.

I think that is it, unless anybody can think of anything else.

Thank you all for your help.

[Mr.P]

then I will send a subject access request off with £10 cheque, I am going to do this all by recorded delivery.

 

 

 

No need to send any money. The DWP does not charge for a SAR, although they do like their own form to be used. A copy can be found in the CAG library, or you can download it from the gov.uk site - The form asks what data you are seeking, and from which offices. Not a great help if you don't know exactly which offices have been dealing with your claim... Probably best to state "All data. All offices.".

 

 

You can hand the form in at any JCP or DWP office if you want to save on postage - This has the advantage that the 40 day clock starts counting down the minute you hand the form over.

[worried33]

Here's what's happened, I think:

 

An appointment was (supposedly) scheduled for him, which he didn't attend because he wasn't informed of it. Since he didn't attend, Atos informed the DWP who wrote to him asking for "Good Cause" as to why he didn't show up. He wrote back stating that he received no letter and consequently had no idea he was supposed to be there.

 

OK, that much we know. The "Good Cause" letter would have been passed to a Decision Maker, who hasn't accepted his reason as valid. That surprises me a little - normally "I didn't get the letter" would be accepted the first time it happens. Maybe policy has changed, I don't know.

 

Anyhow, no sense worrying about that now. He must write to them, restating his reasons for failing to attend, and requesting reconsideration. Unfortunately, there's no way to say for sure how long this will take. A few weeks would be normal, but there isn't a time limit on the process, sadly.

 

Sadly this doesnt seem a new policy, some on here may remember my situation a while ago in 2012. I also didnt get the letter, I also told the DWP the same thing, I didnt attend as I didnt know of the appointment. I got the same decision "fit for work". But after a lengthy process eventually I sent in my appeal they backed down, but I did have to show a lot of evidence until I reached that point and had my MP backing me up as a witness.

 

It seems the best way to get a revision based on my personal experience is to raise doubt in the decision maker's mind that the appointment letter got to you. I dont know exactly how you can do that other then to ask proof from the DWP for the appointment letter that was sent. They dont need to provide proof it was delivered but they need to provide proof they sent it. If that isnt provided you are at least some way to getting a favourable decision even if from a appeal. Preferably its good for you to have proof that you replied to their request for good cause. I dont think its a good idea to be stating at this stage your husband isnt fit for a medical, that will make it look like he didnt attend for that reason instead of the missing letter, I wouldnt raise that until the decision is reversed, because right now with the current decision he wont be asked for a medical because he wont be on the benefit. Better to be in the position where he is reinstanted but requiring a WCA than the position you are in now. I hope my opinion helps.

[justfornow]

Hi All,

 

Thank you all for your kind help.

I have now sent my letters off recorded delivery, to be on the safe side I duplicated my letters and sent them to two different centres.

I also asked for proof of my atos letter being sent, as advised by worried 33, thank you.

 

I will keep you informed.

 

Thank you.

[justfornow]

Hi All,

Sent both letters off on Tuesday recorded delivery.

Just checked on track and trace, they have been signed for by the same person (M Millward) in the Wolverhamton branch, both the same name with the same signature, I sent my letters to two

different offices, one my local, the other Wolverhamton, they were sent the same time but signed a day apart.

There was not point in sending two?

Has anyone had this type of situation before, and what is the point of a signed for service ?

 

Thank you.

[antone]

Mail sent to DWP offices is delivered to a secure Royal Mail handling centre rather than the office itself. Each of these centres handles mail for several different JCPs and BDCs. For example, the address for the office I worked at covered at least three BDCs and 10 Jobcentres.

 

The mail is opened securely (to ensure that it contains no suspicious white powders, explosive devices or nasty bodily secretions - seriously) and then it's sent on by courier to the appropriate office. So the person who signed for your letters would be a Royal Mail employee. The only real advantage of a signed for service is that you can show when the mail arrived, and also that they can't later deny receipt.

[**Margaret**]

:Recorded Delivery:

 

'The only real advantage of a signed for service is that you can show when the mail arrived, and also that they (Work n Pensions) can't later deny receipt.'

 

Partly as a reasonable adjustment and partly for preference (letters are harder to lose than phone calls) I almost always write to, rather than phone, Jobcentreplus . And over the years proof of delivery has got me out of several tangles, including an alleged failure to attend a capability assessment. But probably no need for two copies unless the first one's definitely lost.

 

Margaret.

 

 

Again it's personal preference, but given the current numbers of 'lost' phone requests for PIP1 forms and mandatory reconsiderations ......

[**Margaret**]

:justfornow:

 

Written request for mandatory reconsideration sent off, hopefully with your husband's signature. Personally I would have enclosed a copy of the doctor's letter cos it lends credence to the idea that had your husband received the appointment letter you would have approached his doctor in expectation of support for a home visit. But there's no one failsafe way to revision of 'failure to attend'. And if you decided against sending it now, there's no reason why it can't be submitted later should you change your mind.

 

The 'proof of my Atos letter being sent', is the contact history with Atos, all calls and letters, that I mentioned in #24.

 

As already mentioned there's no time limit on Jobcentreplus for reconsiderations. But while you and your husband are waiting, I'd like to think that you're both using the time to consider whether appointee status is your way forward and to find some respite for you as the carer. Otherwise even with a successful revision, either now or at appeal, you'll still be at square one with reassessment for ongoing payments of employment n support. Not to mention that you'll remain a prisoner to your husband's anxieties.

 

CAG's and best wishes, Margaret.

[Mr.P]

Mail sent to DWP offices is delivered to a secure Royal Mail handling centre rather than the office itself. Each of these centres handles mail for several different JCPs and BDCs.

 

The giveaway that post is heading for a mail opening unit is the postcode (for example) B99 1AR or WV99 1BY - Even if you did use a "real" postcode or hand deliver a sealed envelope to the office in question, the letter still ends up in the MOU.

 

It is always a good idea to staple everything together and perhaps put it in a clear plastic bag - This is to minimise the risk of a vital sheet of paper going missing.

[antone]

The giveaway that post is heading for a mail opening unit is the postcode (for example) B99 1AR or WV99 1BY - Even if you did use a "real" postcode or hand deliver a sealed envelope to the office in question, the letter still ends up in the MOU.

 

It is always a good idea to staple everything together and perhaps put it in a clear plastic bag - This is to minimise the risk of a vital sheet of paper going missing.

 

Yes, and the postcode is usually slightly different for each office, even though the mail goes to the same actual building. As you say, if you use the street address, it gets redirected to the MOU. If you try to hand something in in person, they'll do their best to get rid of you.

 

For the curious, here is the SV of the MOU that handles my old office. And the office itself is here. That's Glasgow and Clyde and Fife BDCs. Apropos of nothing.

[justfornow]

Hi All,

 

Thank you for all your advice.

 

I sent my letters off, inside was the following :-

 

Mandatory Reconsideration letter.

 

Letter asking for myself to be the appointee.

 

Letter from the hospital nurse in the mental health team, saying that my husband was in such a state back in 2012 (this was when he went to hospital, I thought he was being sectioned ? He lasted one night there).

 

Also letter from his GP actually stating that in his opinion my husband could not attend any appointment.

 

A letter asking for proof that they sent a appointment.

 

And a subject access request.

 

All the letters were signed.

 

I will just have to wait and be worried about what will happen next.

 

I will keep you informed.

 

Thank you for all your help.

[justfornow]

Hi All,

 

Today I received a letter from the council saying that they have been contacted by DWP about my claim being suspended, and they also have suspended my housing benefit & council tax,

they have informed me that I have one month from the date of this letter to tell them why my claim has been suspended, and to fill out this form.

I really can not take much more pressure.

Has anyone else had to deal with this also ?

Does anyone think it would be of help to contact my MP ?

 

I know it has not been long, but it is one thing after another, now this.

 

Thank you

[matt v atos]

Hi All,

 

Today I received a letter from the council saying that they have been contacted by DWP about my claim being suspended, and they also have suspended my housing benefit & council tax,

they have informed me that I have one month from the date of this letter to tell them why my claim has been suspended, and to fill out this form.

I really can not take much more pressure.

Has anyone else had to deal with this also ?

Does anyone think it would be of help to contact my MP ?

 

I know it has not been long, but it is one thing after another, now this.

 

Thank you

 

Yes more forms to fill in i am afraid .Help will be along soon.

[**Margaret**]

:just for now:

 

Really pleased to read your #38.

 

Not much to be done about the witter n worry of waiting to hear back from Jobcentreplus. If there's a consolation, it's that you've done all you can to get this unfair disallowance revised at reconsideration.

 

'Has anyone else had to deal with this also?'

 

Yes, it happens with depressing regularity when housing benefit and council tax reduction are 'passported' by entitlement to another means tested benefit. And it's not unusual for the claimant to find out via his/her bank account rather than a letter of suspension. The benefits from your local authority have been suspended rather than terminated, and compared to everything else you've been through recently should be relatively easy to sort. Especially as they've already sent you the requisite form. (Most claimants have to chase one.) Complete the form and payments should resume on the basis of nil income.

 

'Does anyone think it would be of help to contact my MP?'

 

http://www.theguardian.com/society/2013/jan/17/atos-attack-emotional-commons-debate

 

Can't hurt to add to his/her 'in' tray. But pretty please, make sure you arrange some time out for yourself first.

 

Best wishes, Margaret.

[Mr.P]

Today I received a letter from the council saying that they have been contacted by DWP about my claim being suspended, and they also have suspended my housing benefit & council tax,

they have informed me that I have one month from the date of this letter to tell them why my claim has been suspended, and to fill out this form.

 

Standard procedure on the part of the DWP - Telling the council that you are no longer in receipt of benefits and CT/HB gets suspended automatically. Don't you just love their mailing system that seems to dump bad news on everyone on a Saturday.

 

Hopefully, the form you have received is so that you can make a declaration of zero income - Fill this in and get it back to the council as soon as possible. Once they have the form back, CT/HB should be reinstated.

[justfornow]

Hi All,

 

I have a few minutes to myself so I read the letter from the council.

It says that the council have suspended my claim, because they have been notified that my income support has been cancelled.

The form that they want me to fill in is called :-

Housing benefit & council tax reduction - end of JSA (IB / Is) form.

It says it wants proof of income, bank details etc...

Does anyone know how long the DWP will take just to even admit that they are considering my appeal ?

I know that they have 40 days to answer subject access request.

Yes they always seem to send rubbish letters over the weekend or Christmas.

You hear through the media so many horror stories about this sort of thing happening to decent people, but you very rarely hear the full outcome.

Thank you for all your help and advice,

I feel not so lonely now.

[matt v atos]

Hi All,

 

I have a few minutes to myself so I read the letter from the council.

It says that the council have suspended my claim, because they have been notified that my income support has been cancelled.

The form that they want me to fill in is called :-

Housing benefit & council tax reduction - end of JSA (IB / Is) form.

It says it wants proof of income, bank details etc...

Does anyone know how long the DWP will take just to even admit that they are considering my appeal ?

I know that they have 40 days to answer subject access request.

Yes they always seem to send rubbish letters over the weekend or Christmas.

You hear through the media so many horror stories about this sort of thing happening to decent people, but you very rarely hear the full outcome.

Thank you for all your help and advice,

I feel not so lonely now.

 

Yes. Its a pain. But you you may have to engage with them to get things moving.

[matt v atos]

Justfornow. get the forms filled out. You can get help with that if you need' One less thing to think about if you can send them off as soon as you can.

[**Margaret**]

:justfornow:

 

The form you've received is the correct one unless your council has separate forms for nil income and someone who's starting a job, which you may want to check on Monday. You don't need to wait for Jobcentreplus to acknowledge the request for reconsideration. Neither do you need to wait for a response to your subject access request.

 

Without sight of the form I can't be sure what evidence of income/savings your council want but chances are that your latest bank/building society statements will suffice, and if they want anything else they'll ask for it. Understandably you're very stressed with this paperchase, but you've already done the hard part.

 

Margaret.

[justfornow]

Hi All,

 

Thank you for all your help.

 

I will try not to worry, and get some sleep.

 

Thank you.

[worried33]

Hi All,

 

Today I received a letter from the council saying that they have been contacted by DWP about my claim being suspended, and they also have suspended my housing benefit & council tax,

they have informed me that I have one month from the date of this letter to tell them why my claim has been suspended, and to fill out this form.

I really can not take much more pressure.

Has anyone else had to deal with this also ?

Does anyone think it would be of help to contact my MP ?

 

I know it has not been long, but it is one thing after another, now this.

 

Thank you

 

Contact the housing benefit office and tell them the new income, even if its zero income, the housing benefit suspension is automatic following a passport benefit termination. They should reinstate it (probably after new proof of income shown). Your housing benefit is suspended not terminated, if they reinstate it will be backdated.

 

A reminder that whether or not your husband is unfit to attend a medical will probably not be relevant to this failed to attend without good cause decision, unless you have stated you tried to previously contact atos and tell them exactly that (before the decision). Given that you have asked for proof of the letter been sent and said you never got such a letter, its unlikely you would have even contacted atos as you was unaware of the WCA.

[justfornow]

Hi,

 

Thank you for that information.

 

I will keep you informed.

[justfornow]

Hi All,

 

I can't sleep.

 

My health is really starting to be affected, my hair is falling out.

I am so stressed, it is affecting my husband, he is picking up on my stress, and wants

to know what is wrong ?

 

I can't tell him, he will just fold.

 

So I was wondering what to expect, if I contacted the mental health team, what could they do

for us ?

 

In 2012 my husband went voluntarily ( I literally had to threaten that I would leave him) to the hospital

I thought that they would section him, and help, a lady said that the rules had changed, and you had to be a threat to yourself or to others, to be

sectioned, and my husband did not qualify ?

He had not slept properly in about 2 weeks, and he pleaded with them just to give him a sleeping tablet, they said and I quote :- No. We are we are trying to promote proper sleeping times at this hospital, it is a shame you could not get here earlier, and yet when he left 5 hours later they gave him a weeks worth of sleeping pills.

 

From that night on, he has been so frightened of getting involved with anyone medical, but now I have reached the end of my tether.

 

I can not physically make him go, but something has got to give, I am no use to him dead.

 

But I do not want to make him worse, because when everyone has tried to help,

it is me (and him) who has to suffer the consequences.

I just wondered if anyone has had dealings with the mental health team and what can they do, I do not want to get them involved if

they can not do anything for us.

My husband will not want them to be involved, but like some of you have said I need help, which in turn will help him.

I hope someone can help.

Thank you

Sarah.