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Mandatory Reconsideration Request Letter

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7 years 4 months ago #173714 by JPM2016
Replied by JPM2016 on topic Mandatory Reconsideration Request Letter
I have just phoned the DWP to see if they have received my Mandatory Reconsideration Request Letter, which I sent by Royal Mail Special Delivery. My letter explained that I was going to send additional evidence to them.

They informed me that while it is not registered on the system yet it was scanned in at the Wolverhampton mailing address.


I then asked by what date I had to send in any additional evidence . I understand from this forum I should be given 4 weeks from the date of my letter. I was told that the DWP have to make a decision within 2 weeks of receiving my letter regardless of whether I am able to get the additional evidence in or not.

Is this correct, or just a poor understanding of the rules from the person I spoke to.?

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7 years 4 months ago #173719 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Request Letter
Jonathan

Unfortunately there are no "rules" for Mandatory Reconsiderations, however, our understanding is that DWP guidance for MR's says that they should allow four weeks for the claimant to return any additional information in regard the MR, although this includes postage time.

That said if you have been given a shorter period then you should stick to this in preference, although it might be worth ringing again as you might receive a different answer :(

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #173726 by JPM2016
Replied by JPM2016 on topic Mandatory Reconsideration Request Letter
They said they were legally obliged to make the decision within 2 weeks of receiving the MR letter.

I will phone them next week when it should be lodged on their system to see if I get a different answer.

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7 years 4 months ago - 7 years 4 months ago #173729 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Request Letter

Jonathan wrote: They said they were legally obliged to make the decision within 2 weeks of receiving the MR letter.


This is most certainly not the case, if was then the DWP would have been in breach of the law for over 95% of MRs.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by Gordon.
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7 years 1 month ago #181473 by JPM2016
Replied by JPM2016 on topic Mandatory Reconsideration Request Letter
I have now reached the appeal stage of my case against the DWP and have a couple of questions.

Having received the case paperwork through from the DWP there is a crucial piece of evidence missing. I need to contact the tribunal court regarding this. Should I phone them or just send the missing evidence to them via Royal Mail Guaranteed Delivery?

Secondly, having received the case paperwork should I wish to present further evidence to support my case is there a time limit. I have read about 28 days but when does this 28 days start from?

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7 years 1 month ago #181486 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Request Letter
Jonathan

I would write to the Clerk of the Court at the Tribunal venue, that way the information will become part of the record.

Tribunal procedure requires that a claimants submission is with the TS no later than 28 days from the date on the DWP submission, in reality, if you have asked for an Oral hearing that you attend then you can continue to submit evidence up to seven days before the hearing. If it is a paper hearing that you do not attend then you should stick to the 28 days, as you will not be informed when the hearing will occur.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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