Mandatory reconsideration within one month? Urgent

Hi marie,

The period is a calendar month. So a month from 20th February would run until 20th March. However if the expiry date is on a weekend, or Bank Holiday, normally time would extend to the next working day.

It is always good to try and get the MR sent to DWP within a month. The rules however state that if there is a reasonable excuse there is an ultimate limit of 13 mths. Being unwell, being unable to obtain an appointment with an advisor, particularly in the middle of a pandemic, would probably all be good reasons, for a few days or a week or two delay. Obviously the longer the delay, the more difficult it will be to show the delay is reasonable! Even more so, when the decision letter is late arriving.
Delays in sending in MR have been discussed in various caselaw. Whilst DWP can take the stance that outside the month they can refuse to accept a late MR, especially if the reasonable excuse is a bit vague, a refusal to accept a late MR is subject to an appeal to the tribunal. The tribunal caselaw is clear that it is likely that the late MR will be accepted unless the excuse is very poor, and/or the MR is very late.
My view is that it is always better to send a comprehensive MR, well written, and with supporting evidence, albeit a few days late, and explain this lateness, rather than submit a poorly written quick letter that is on time. Please make sure you fully explain the reason for being late.
If you haven't already done so, check out the members guides; there is a lot of information about PIP/ESA etc including MR.
I hope this helps. Good luck with your MR.

LL26