Appeals Process Changes for DWP Benefits and Child Maintenance from 28th October 2013

skintmacflint

joebolton wrote: »

My understanding is that all ESA customers that fail the WCA from 28/10/13 will be go to reconsideration prior to appeal.

Admit that's what the links provided suggested to me as well when I read them. But Roger has said the info contained on them is incorrect. So I'm none the wiser now.

DWP rules seem so complex. Maybe a result of all the extra optons which have been added over the decades. Being a benefit or welfare advisor must be a total nightmare.

ani_26

More links :-


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/232989/appeals-process-changes-q-and-a.pdf




http://www.dwp.gov.uk/docs/stakeholder-bulletin-aug-2013.pdf




Note from DWP Stakeholder Bulletin August 2013 :-



Disputes process changes – a new outbound call to those disputing a decision.


Changes to the disputes and appeals process will apply to all DWP benefits and child maintenance cases from 28 October 2013.



DWP Stakeholder Bulletin – August 2013



One of the changes is mandatory reconsideration of disputed decisions and as part of this change, DWP will make an additional call to those disputing a decision to give people an opportunity to discuss the decision and provide any further evidence.


If you advise people who may be affected by these changes, you may wish to let them know that from 28 October they can expect this new call.


Please note that as Personal Independence Payment and Employment and Support Allowance claimants already receive a call from DWP at an earlier stage, they may not receive a further call during reconsideration.


For further details please visit the
DWP website or contact the Benefits Delivery Programme Communications Team

portly1

skintmacflint wrote: »

DWP rules seem so complex. Maybe a result of all the extra optons which have been added over the decades. Being a benefit or welfare advisor must be a total nightmare.

As it probably is for most people that claim welfare.

ani_26

Bumping thread.

osdset

ani_26 wrote: »

The evidence would suggest this.


Perhaps someone from the DWP or even an MP will be along soon, with a definitive answer?

I may be wrong, but i suspect there is either a huge backlog with Atos, or Atos and the Dwp are holding back from WCA's until the 28th October?

.


Just my thoughts.

You are definitely right on the first count, and I suspect you have hit the nail on the head with the DWP holding back on WCA's, it's just the kind of stroke IDS/Hoban would pull.

Mandatory reconsideration is appeal denial it's as simple as that, there can be no other possible reason for bringing it in.

During the commons debate Hoban stated that mandatory reconsideration would attempt to ensure that the DWP 'got it right' the first time, thus saving an appeal. It's fairly common knowledge that DWP DM's routinely rubber stamp ATOS assessments, so mandatory reconsideration will, in reality make no difference whatsoever.

He also stated that evidence is often only brought to light at appeal, utter rubbish. ATOS often disregard medical evidence sent in advance of, or produced during the WCA. The claimant has no choice but to present evidence to the tribunal as it's been ignored up to that point. Any new evidence cannot be submitted anyway.

What chance does an ESA claimant have of making a successful claim for JSA? Very little I would say, it's all very well Hoban & McVey stating that JCP will look kindly with regard to conditionality, job seeking, sanctions and the rest of the hamster wheel of compliance but they aren't running the JCP's are they? JCP staff will look at a claim in the light of the rules they have in front of them, if an ESA claimant cannot meet the requirements they will get turned down on the grounds of limited capability for work, and probably told to make a claim for ESA!

There is another worrying development with regard to the Work Programme. ESA claimants with a prognosis of 12+ months who previously could opt out of the WP by not volunteering are now been contacted and told they have to attend.

This happened to myself and 25 other ESA claimants last week, we were collectively called in to our boroughs primary provider's offices (Seetec), told that we were there because we had not been engaging with the WP for the last six months. I raised the point that as we had voluntary status and had not volunteered that was hardly surprising! The purpose of dragging 25 people (some in obvious distress and discomfort) in, was to hand each of us a mandatory appointment letter for the same time next week, the notion of posting these letters obviously hadn't crossed Seetec's mind.

The purpose of our re-engagement with the WP remains unclear, the staff had no clue, and the manager would not come out to talk to us, However having scoured the DWP's web site it seems that this is phase three of the governments pilot scheme of getting us to engage with health care professionals for 'tailored' help, these appointments will replace the WFI's.

I thought DWP/JCP policy was to inform claimants of any changes that could/would effect their benefits, as far as I am aware no one had prior warning of this.

There may be a loophole for anyone who had their WCA before 12th Nov 2012 and was given a 12+ prognosis, I am trying to get clarification on this

portly1

osdset wrote: »

You are definitely right on the first count, and I suspect you have hit the nail on the head with the DWP holding back on WCA's, it's just the kind of stroke IDS/Hoban would pull.

Mandatory reconsideration is appeal denial it's as simple as that, there can be no other possible reason for bringing it in.

Why the conspiracy theory? All that seems to be happening is bringing ESA partially into line with the rules for other benefits.

If DLA was involved and you had a review and it was refused, would you be expecting to continue to receive what you were previously getting whilst your appeal was going through the system?

What about Industrial Injury Disablement benefit - would you expect to continue to be paid if they refused it on review but you had appealed against that decision?

The same is said for Attendance Allowance.

I just don't get it. Surely it would be easier to understand if they made it that if you fail the ESA assessment you would have the option of claiming JSA or if your condition had deteriorated, you could put in a new claim on new evidence for ESA.

Where does this 'I want what I was getting despite being told that I don't qualify' come from?

Sorry but I would hope that decisions should be treated as final until the claimant can overturn it at the Tribunal.

osdset

If DLA was involved and you had a review and it was refused, would you be expecting to continue to receive what you were previously getting whilst your appeal was going through the system?

DLA is additional it is not a 'core' benefit.

Sorry but I would hope that decisions should be treated as final until the claimant can overturn it at the Tribunal.

Well, in an ideal world the assessments would be fair and impartial, as it stands a good proportion aren't. Therefore the basis on which the claim failed is flawed. So yes claimants should still be paid until the government sort ATOS out.

rogerblack

osdset wrote: »

He also stated that evidence is often only brought to light at appeal, utter rubbish. ATOS often disregard medical evidence sent in advance of, or produced during the WCA. The claimant has no choice but to present evidence to the tribunal as it's been ignored up to that point. Any new evidence cannot be submitted anyway.

This is not correct.
Evidence of new conditions cannot be submitted as part of an appeal.
Evidence of conditions that existed at the time of the decision, but were diagnosed later, or documents obtained later - can.

rogerblack

skintmacflint wrote: »

Admit that's what the links provided suggested to me as well when I read them. But Roger has said the info contained on them is incorrect. So I'm none the wiser now.

DWP rules seem so complex. Maybe a result of all the extra optons which have been added over the decades. Being a benefit or welfare advisor must be a total nightmare.

To clarify my understanding - as I understand it - the law does not currently permit mandatory reconsiderations for 'old-style' ESA.

Only where the benefit the claimant would have to claim is UC if they fail the assessment.
This is at the moment only scheduled for the 6 pilot areas mentioned above.

It is however possible that new legislation will be introduced prior to 28th October, to extend mandatory reconsideration to more appeals.
(Or of course, my understanding could be wrong - it's based on keeping up with various adviser websites, and watching debates and committee meetings in parliament)

It's all pretty irrelevant anyway.
Other than trying to keep some savings - which is probably a good idea anyway, and getting any medical evidence you can beforehand to send along with any ESA50 - which is good practice anyway - there is nothing you can do to change if you will undergo mandatory reconsideration or not.

osdset

rogerblack wrote: »

This is not correct.
Evidence of new conditions cannot be submitted as part of an appeal.
Evidence of conditions that existed at the time of the decision, but were diagnosed later, or documents obtained later - can.

Ok stand corrected, thanks.