WTC Mandatory reconsideration

[23sopwith]

ive rang banatynes they say it was atos

[23sopwith]

got letter from dwp basically said got all info now don't contact us well contact you, this is 3 weeks after atos. I asked for all info held by them they said it had been requested from case manager 5 weeks ago still waiting.

the info they claim to have has not come from med profs on my list on the form I filled in at the start of October today none have been contacted so I suppose its all down to atos or whoever it was

I suppose its its just wait and see but ill bet I get a decision before my next payment is due

[BELINDA1066]

Based on what you say I would be hopeful that your claim will be approved. The inference that they are waiting for info from med profs may just be a lie and it's simply that ATOS and/or the DWP Decision Maker are a bit behind with their workload.

 

Out of interest was your claim related to mental health issues and if so, it would be helpful to hear just what questions you were asked at the interview.

[fletch70]

Try not to worry

The left hand at the dip does not know what the right hand is doing i'm afraid. All you can do is wait and see and when you get a decision , decide, what if any action you will take next.

 

It really is a bit mad I know - just a case of wait and see

 

As for your SAR request, the call handler will have no idea of what stage it is at- for all they know it might be waiting for 1 piece of paper and may be with you in days, remember they have 40 days to get it to you from receipt of a proper DWP SAR request

[23sopwith]

ive got grande mal epilepsy some mental health problems and was diagnosed with copd lung age of 90

questions whoever he was was basically how my life was effected at present time didn't want to know any of history

it was strange as it goes against all the parameters and guidance to hcp laid out by dwp

[23sopwith]

well I got my decision yesterday 2 days after they told me they now had all the info the required its quite strange really, a total misreptresentation of what happened, I got standard rate for mobility however my middle rate for person care is scrapped. the d/m contradicts himself on numerous occasions

in his summary and indeed confirmed that I needed assistance in taking meds preparing meds bathing/waswhing and drying myself but said that didn't qualify as personal care neither did not being able to clear up after a bought of incontinse after grande mal.

beware it appears atos or who ever are now using covert cameras to observe as I was observed to be able to walk 20 mtrs but not 50 from where man from atos was there was no way he could see me

[23sopwith]

how long does it take for mandatory recon they've had mine since dec 15th last year admitted it was registered last week

do they have carte blanche

[Nystagmite]

As long as they want. There's no time limit.

[23sopwith]

they can do anything they want without recourse yet if I were 1 day late with mandatory recon letter (I wasn't) id be shot

what a liberty

[Nystagmite]

Yes. But they have thousands of other cases to look at as well.

 

Mine took about 4 weeks by the time I sent in the additional evidence.

[23sopwith]

well received result of m/r have now got to go to tribunal

strange letter from them it started "you sent no further evidence" but they went on to concede that grande mal epilepsy may cause confusion,

my question is they stated that they had all the medical evidence they needed but they never contacted anyone who could verify my illness nor did they consult the evidence they had ie. medical reports from their own appointed doctors and consultants when my award was first given, I know they have this as they said it was archived and would be passed onto the case manager.

a SAR is now required what can I ask for and isd their a template in the library.

[23sopwith]

we are in receipt of wtc however our income has gone down by over £2500 so duely informed hmrc

spoke to them yesterday they said as our income had dropped by 2.5k they used that as a "disregard"therefore we weren't entitiled to any extra wtc even though we are still doing the same hours

is this correct

[ericsbrother]

yes and no, depends on total income and how long the drop is likely to continue for. To save money the tax credits office will assume a position that suits them best and needless to say that is the opposite of what is best for you. You may need to appeal and get them to start again form the beginning if this dates back to april 5th (start of tax year) and is likely to continue until the end of the tax year.

[GamerNic]

There is nothing to appeal against. This is correct. There is an income disregard for an increase or decrease in household income. If your income last year was £10,000 and this year it is £7,500 there is no change in entitlement this year. If the same pay continues into next year, then the claim for next year is based on £7,500.

 

If your income went down to £7,000, only the £500 difference would be taken into account.

[23sopwith]

so why do they they ask you to let them know if your income increases or decreses by £2.5k and that you may get more tax credit.

so according to Nic what hmrc have said is correct so whats the point of informing them of the fall in earnings you may as well wait until renewal date for the following year

[GamerNic]

I think the award notice says "tell us if your income goes up/down by more than £2500. Personally when on tax credits, I report any increase over £2500 as soon as I am aware but leave decreases to the end - telling them by the end of March will ensure increased payments from April. Apart from anything else I'd be worried the income would go back up again and cause overpayments.

[23sopwith]

had my tribunal regarding above 8 months after decision and stat reconsideration.

what a horrible bunch

judge wanted to know why I was there I told him that the reason I was appealing was that there was no mention anywhere of my epilepsy or depression even though I had told them so on app.form was asked to prove it so I showed him my indefinite award for dla review whivh had only taken place 3mths before atos appt. he disssmissed it saying that medical reports etc regarding that didn't make any difference and did I think that med reports would help my case, wasn't very happy when I said yes and pointed out to him the names and adds of med practioners involved on my app form whivh dwp hadn't bothered to contact. He then went on to ask me why I wasn't represented and advised me to see a welfare rights officer to represent me. He however adjourn for my doctors report.

He did agree with me that there were procedural errors ie. no test to ascertain the extent of my copd

 

 

I was on middle rate of dla for personal care but was given lower rate of molbility, and that I wasn't entitled to see med reports by dwp doctors on my epilepsy as dla was an old benefit and therefore did not apply.

He intimated that mine was a complex matter and there were inconsistencies in what id said and what a doctor on the panel thought.

Has he the right to say that I should never have been awarded lower rate of mobility therby wiping me off the figures and saving more money

I look forward to cooments

[Nystagmite]

Has he the right to say that I should never have been awarded lower rate of mobility therby wiping me off the figures and saving more money

 

No he doesn't. Your tribunal is based on how you were at the time of your assessment. Not the time of a previous award.

[23sopwith]

what I think I really should have said is can the chair and his cohorts on the tribunal say that the decision on the day was wrong and that I shouldn't have been awarded standard rate of mobility

hence cancelling the award as ive got nowt for my personal care

[Nystagmite]

No. He has no idea what you wee like on the day. And disabilities can change a lot.

[23sopwith]

hello Nystagmite have contacted welfare rights they are of the opinion that the board can cancel my award of standard rate of mobility, they have put a rider on it ie. if the panel believes I have "misled" the hcp during my assessment which the chairman of the tribunal implied

[Cpt Scarlet]

What did the Judge say when they adjourned the hearing? I know that they said about getting Representation, did they also say that the panel could return a Decision of fewer points as well as more, or words to that effect. If they did then the Judge has issued a warning that they the panel do not believe that your evidence supports your current award and if you continue with the appeal that there is a possibility that they will remove that award.

[23sopwith]

no he didn't say they could award more points or less points, but he said he and the doctor on the panel believed their to be inconsistencies in my replies and that my epilepsy wasn't relevant as the hcp said it didn't effect my life however that is what the appeal is about, I never applied for mobility, I was just given it but my epilepsy which I was awarded dla for didn't matter

[Cpt Scarlet]

Have a look at CPIP/1599/2016 it might help it talks about the risk of a seizure rather than an actual one for the majority of the time.

[Nystagmite]

To get PIP, it just has to be reasonable. So, is it reasonable to suggest that for half the time you go out, there's a risk that you could have seizure? So, if you have a seizure once or twice a year, it's reasonable to say no. But if you have them 3-4 times a week, you could say yes.