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Can I ask for a reconsideration or appeal 12 month

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5 years 10 months ago #220515 by Jackie13
My husband lost the enhanced rate of mobility last October but still gets the standard amount of care/mobility which was awarded from 3 October 2017 until October 2020. We asked for a mandatory reconciliation as he is mostly housebound due to his chronic health conditions but this was turned down. He is not going to improve as his condition is progressive and since losing the mobility car he very rarely goes out at all. He was reluctant to go to a full appeal in case we lost the appeal, he stopped claiming ESA some years ago because of the effect the probing questions were having on his mental health when he was still recovering from very aggressive treatment and he was worried sick we might lose any financial help we have. However, I still feel he should be on the enhanced rate of mobility and probably care and think we should appeal or ask for a review. Can anyone advise if this is possible 12 months after the original award please?

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5 years 10 months ago #220532 by Gordon
Jackie

You can request an appeal up to 13 months after the date of the Decision.

The Judge of an appeal must warn the claimant if there is any risk to an existing award and allow them time to withdraw their appeal, the risky thing was doing the MR as the DWP are under no such requirement.

Gordon

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

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