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Time allowed for Mandatory reconsideration

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6 years 4 months ago #248671 by Bmanchester
Hi there,

I hope you can advise about the following :-

I had been in receipt of DLA high rate mobility for several years.

Late 2019 I had a medical examination transferring me from DLA to PIP.

The result arrived on 9th January, 2020 (their letter being dated 2nd January, 2020) and I found that I had been given low rate mobility

I sent in a request for mandatory reconsideration on 20th Jan, 2020. It was sent with signature required upon receipt. It was received on 21st Jan, 2020.

After 10 weeks as I had not heard anything, I sent a letter on 6th April, 2020 asking how long the reconsideration would take. It was signed as received on 7th April, 2020.

To date (15th June, 2020) I have still not received any response.

Am I correct in thinking that there is no legal time limit for the reconsideration? Surely there should be a moral limit?

After waiting all this time for a response, am I allowed to go to appeal on the basis that the DWP are dragging their feet?

I must just add that I am waiting to have both knees replaced (bone rubbing against bone) and when I walk (that is when I can) I have a very pronounced sway from side to side. These conditions are extra to the reasons I was awarded the DLA high rate, all of which still apply. The DWP are aware of this.

I really do not know what I should now do, if anything.

I look forward to hearing from you.

Many thanks

Brian Beamish BManchester

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6 years 4 months ago #248672 by Gordon
Bmanchester

You are correct that there is no required timescale in which an MR needs to be completed within, however, I would have expected you to have heard by now, is there any reason why you cannot ring the DWP?

I'm afraid you cannot request an appeal without a Mandatory Reconsideration Notice, either because the DWP has made a Decision on your MR or they have refused to do the MR.

Gordon

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

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