Advice re:Complaints Procedure to Benefits Agency please.

NASA_2

BigMummaF wrote: »

Thank you for your post Nasa, but I'm afraid I do not have a clue what all the initials stand for or which department they may be connected to.
As to it being our responsibility to present evidence, if the letters--any letters!--had been of better composition, we would have done it--hence the bit in my original post "the covering letter today was as much use for an explanation as the method of distilling oil into polymers! Why can't these people use easier language when they're telling folk...."
I appreciate that this can be taken as an angry retort but it is not intended that way. I value all opinion & advice, but just felt I needed to highlight the areas that are causing me the most angst, namely the way any authority knows what they are talking about & assume we do too!

I assume you are talking about the disallowance letter. Its not really that clear a document but its only purpose is to tell you that the benefit has been stopped and the overall reason it has been stopped ie. failed the medical.

The documents that are used to actually make the decision are numerous and its simply wouldnt be practical for them to be provided in full to everyone who is disallowed. Most people do not dispute the decision that they are fit for work or, if they do dispute it, they dont take any other action the get the benefit reinstated. They either go back to work or claim Jobseekers - some may do other things but cant really say I have been bothered to find out.

I dare say the DWP know why they disallowed the benefit, its because the ATOS medical report indicated your son is ready for work, if you appeal or ask for a copy of the documents then you will see what they based this on.

Aside from that there is nothing really you can do. Making a complaint is pretty pointless because the DWP are following the legislation laid down (If you can prove they didnt follow legislation that may be a point to complain about) by politicians. If you want to complain then write to your MP and let them know you are miffed about this new Benefit. I'm sure they will tear it up and start again.

busy_mom_2

The G.P. gives a sick note that says your son was unable to do his job because of his illness, he has since unfourtunatly lost that job.
The medical focuses on what he can do not can't do. In their opinion he is capable of doing some work hence the process.

Fill in the appeal form and this whole process will take up to 6 mnths, he will continue to get paid in the mean time and hopefully in that time his health will improve and he will be able to return to work.

suelees1

NASA wrote: »

The documents that are used to actually make the decision are numerous and its simply wouldnt be practical for them to be provided in full to everyone who is disallowed. .

As is said in the above quote they don't send the evidence out with the decision letter but will send it if you ask for them for the full reasons and evidence used.

If you appeal they always send everything out which is included in a bundle of papers the Appeal officer prepares along with their submission. A copy of the bundle is sent to all parties concerned - ie you, the Tribunal Service and any rep you might have.

You'll then see how they reached their decision and you'll know what you need to challenge it.

These types of appeals are frequently decided by the Tribunal Service on the balance of probabilites. You need to obtain your own evidence so it can be weighed against what they've already used.

skintbint_2

the covering letter today was as much use for an explanation as the method of distilling oil into polymers! Why can't these people use easier language when they're telling folk...."
"these people" have very little say in how decisions are worded and have to give decisions on behalf of the secretary of state so it is just like any other government department who has to rely on regulations and points of law. A complaint is not relevant at present as they have been following the correct procedure, you are complaining about the process which you would have to complain to your MP about. Would agree with NASA you have to put your request in writing and it doesnt have to be on a GL24 but as long as the words "I wish to appeal against the decision>>>>>giving full and concise reasons why you think their decision is wrong. He will also have to indicate to the department that he wishes his claim to benefit to remain otherwise he will not be paid until the appeal is heard, or claim JSA as the medical boarding think he may be able to do some type of work which a personal adviser will discuss with him.

BigMummaF

Thank you all for your advice & I shall read through it again tomorrow.

BigMummaF

viktory wrote: »

Not a huge fan of plain English yourself though, are you? :rolleyes:

I did wonder if I had chosen an apt phrase to prove my point; guess it worked

skintbint wrote: »

the covering letter today was as much use for an explanation as the method of distilling oil into polymers! Why can't these people use easier language when they're telling folk...."
"these people" have very little say in how decisions are worded and have to give decisions on behalf of the secretary of state so it is just like any other government department who has to rely on regulations and points of law. A complaint is not relevant at present as they have been following the correct procedure, you are complaining about the process which you would have to complain to your MP about. Would agree with NASA you have to put your request in writing and it doesnt have to be on a GL24 but as long as the words "I wish to appeal against the decision>>>>>giving full and concise reasons why you think their decision is wrong. He will also have to indicate to the department that he wishes his claim to benefit to remain otherwise he will not be paid until the appeal is heard, or claim JSA as the medical boarding think he may be able to do some type of work which a personal adviser will discuss with him.

This thread has helped me sort things out & as such, I have a better inclination of what needs to be done. I guess my initial reaction was to question how government agencies & the like, can send out letters using language that has no meaning to the ordinary member of the public. I am fortunate that I know I can look here for guidance but wish I'd asked about the whole process sooner.