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Mandatory Reconsideration process
- Panda
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1 day 4 hours ago #315906 by Panda
Mandatory Reconsideration process was created by Panda
I have recently had a face to face assessment, and have now been sent a copy of the assessors report.
I am unhappy about many aspects of the report, and I expect that I will want to seek a Mandatory Reconsideration once the DWP's Decision letter arrives.
I have a number of questions if I may :-
1. What is the process for contacting DWP and requesting an MR ? Do you tell / send them your reasoning at that stage, or do you then have a period of time to actually send something in ?
2. Is the information that you send in for an MR the same that would then be used in any subsequent appeal tribunal, or do you send the tribunal a brand new information pack (that might be different from what you sent in at MR).
3. At either the MR and/or tribunal stage, is it worthwhile pointing out any aspect of the assessors report that you are unhappy about. Would anybody pay any attention to this ?
4. In my case, during the assessment, the assessor did not refer to many aspects that I had included in my written submission. I would like to believe that those un-referred to items are therefore considered "accepted", but is that necessarily correct.
I am unhappy about many aspects of the report, and I expect that I will want to seek a Mandatory Reconsideration once the DWP's Decision letter arrives.
I have a number of questions if I may :-
1. What is the process for contacting DWP and requesting an MR ? Do you tell / send them your reasoning at that stage, or do you then have a period of time to actually send something in ?
2. Is the information that you send in for an MR the same that would then be used in any subsequent appeal tribunal, or do you send the tribunal a brand new information pack (that might be different from what you sent in at MR).
3. At either the MR and/or tribunal stage, is it worthwhile pointing out any aspect of the assessors report that you are unhappy about. Would anybody pay any attention to this ?
4. In my case, during the assessment, the assessor did not refer to many aspects that I had included in my written submission. I would like to believe that those un-referred to items are therefore considered "accepted", but is that necessarily correct.
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- David
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2 hours 36 minutes ago #315916 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Mandatory Reconsideration process
Hi Panda
1. What is the process for contacting DWP and requesting an MR ? Do you tell / send them your reasoning at that stage, or do you then have a period of time to actually send something in ?
**** Legally there is no precribed format to a MR. However it is best to have some proof.
You could use the following CRMR1 form. If you have a Jobcentre near you you could drop it in and it will be sent via DWP internal mail.
assets.publishing.service.gov.uk/media/6...90d02d422b/crmr1.pdf
Yes you will supply your " reasoning" and any further evidence as well.
On the form it states the usual time limit of one calendar month but there are easements.
2. Is the information that you send in for an MR the same that would then be used in any subsequent appeal tribunal, or do you send the tribunal a brand new information pack (that might be different from what you sent in at MR).
****No, you will be using the DWP response to the MR as a basis for your Appeal which will be many months away and will allow you time to get expert advice. Remember a MR is reviewed by the same type of DWP Decision Maker who refused your initial claim.
3. At either the MR and/or tribunal stage, is it worthwhile pointing out any aspect of the assessors report that you are unhappy about. Would anybody pay any attention to this ?
****Yes. Have a read of the BenefitsandWork guides on MR's and Appeals
benefitsandwork.co.uk/guides-for-claimants
4. In my case, during the assessment, the assessor did not refer to many aspects that I had included in my written submission. I would like to believe that those un-referred to items are therefore considered "accepted", but is that necessarily correct.
****From your point of view the Assessment is not about acceptance but about meeting the descriptors and getting the points needed for the award.
Let us know how you get on.
David
1. What is the process for contacting DWP and requesting an MR ? Do you tell / send them your reasoning at that stage, or do you then have a period of time to actually send something in ?
**** Legally there is no precribed format to a MR. However it is best to have some proof.
You could use the following CRMR1 form. If you have a Jobcentre near you you could drop it in and it will be sent via DWP internal mail.
assets.publishing.service.gov.uk/media/6...90d02d422b/crmr1.pdf
Yes you will supply your " reasoning" and any further evidence as well.
On the form it states the usual time limit of one calendar month but there are easements.
2. Is the information that you send in for an MR the same that would then be used in any subsequent appeal tribunal, or do you send the tribunal a brand new information pack (that might be different from what you sent in at MR).
****No, you will be using the DWP response to the MR as a basis for your Appeal which will be many months away and will allow you time to get expert advice. Remember a MR is reviewed by the same type of DWP Decision Maker who refused your initial claim.
3. At either the MR and/or tribunal stage, is it worthwhile pointing out any aspect of the assessors report that you are unhappy about. Would anybody pay any attention to this ?
****Yes. Have a read of the BenefitsandWork guides on MR's and Appeals
benefitsandwork.co.uk/guides-for-claimants
4. In my case, during the assessment, the assessor did not refer to many aspects that I had included in my written submission. I would like to believe that those un-referred to items are therefore considered "accepted", but is that necessarily correct.
****From your point of view the Assessment is not about acceptance but about meeting the descriptors and getting the points needed for the award.
Let us know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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