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Mandatory reconsideration failure

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7 years 8 months ago #165422 by onjfan2006
Mandatory reconsideration failure was created by onjfan2006
Hi , I hope I can explain what's happening to me..I suffer from severe social anxiety from having been attacked outside my front door on 2 8 casinos , where the perpetrators of the first attack were actually caught and convicted of attempted murder. .as a result of my condition, I was in receipt of dla high care low mobility. After being transferred to Pip , I was given standard daily and 4 points mobility, not enough for an award for mobility component. I have a representative from social work , and we asked for a mandatory reconsideration. ,my rep sent further evidence recorded delivery , the deadline was 2nd July . It took 12 before the delivery was signed for , I was informed it usually takes 4 days. The evidence was signed on 29th June , decision was made 30th June without the evidence as decision maker was unaware of the delivery. Decision was unchanged. Long story short. My rep called the office explaining that the decision was in fact made too early and made without the evidence , she was advised to request a revision . Yesterday I received word from dwp acknowledging that I wish to appeal , but that I would in fact have to appeal directly to the tribunals services. We had NOT requested an appeal, we had requested a revision .my representative called their office but they refused to explain the reason to her why there was no revision and that they would only speak with me , even though she has a mandate signed by me in order that she may represent me...I am so upset and angry , it was no fault of ours that the DWP didn't receive evidence 12 days later , but when they did it was still signed for in time before the deadline, yet they didn't have it in their hands at time of mandatory reconsideration, is there anything you can advise? ,I am now waiting on call from dwp to explain their reasons. ...

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7 years 8 months ago #165446 by Gordon
Replied by Gordon on topic Mandatory reconsideration failure
Guillermo

Unfortunately this happens quite often.

You have two options; try and push the DWP to perform a second MR, we have had members who have been successful at this, although as far as I am aware it has not resulted in the Decision being revised.

Secondly, go onto to appeal.

Revision rates at MR are very low and have been falling, although they do happen. When they do it is usually the result of some fundamental piece of evidence being submitted, you will have to decide whether your new evidence falls under this heading. Bear in mind that the Decision Maker is not medically trained.

In comparison appeal success rates have been increasing and are not up around 60% and the panel don't usually place the emphasis on the assessment report that the DM does.

Gordon

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

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