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TOPIC: DWP Dirty Tricks.

DWP Dirty Tricks. 1 month 1 week ago #193339

Hello, I’m new to all this and I’m really angry at the moment as I feel I have been duped by the DWP.

It’s quite a long story but my ESA was stopped at the end of March after a WCA, so I called the DWP and asked for a copy of the assessment report.

On the 10th April I rang them again and asked for a copy of the 113 medical report. The agent asked if I wanted the 113 because I was going to apply for MR, to which I replied yes. Nothing else was discussed at that time.

I then wrote my MR letter which was 10 pages long, and on the day I was due to send it (24th April) I received the 113 med report along with a letter saying my MR had been unsuccessful! So, another phone call to DWP to say I hadn’t requested MR on the 10th. The agent said she would add a note to my records and to send in my MR regardless.

I then didn’t hear anything for a long time but was not too concerned as I had sent in medical evidence late.

Last week I rang the DWP to see what was happening to be told I should have received a letter dated 27th June to say my MR had been unsuccessful. I have not received the letter so I asked them to send it again. I received a letter today and all they have sent is the report from the MR I didn’t request, no MR decision notice, no information on how to appeal.

So, yet another phone call to the DWP. I explained the whole story to the agent and she said they would only look at the MR once and it would be the one requested originally (even though I didn’t request it.) She said she would send the MR decision notice again but it would be the one dated from the 10th April, which means I am way past the date to lodge an appeal.

I don’t know what to do now and feel lost but any help or advice would be really appreciated.

Thank you.

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DWP Dirty Tricks. 1 month 1 week ago #193341

Shaun

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

You are not to late to appeal, you can make a Late appeal up to 13 months after the date of the Decision, you just need to explain why the request is late, which you seem to have ample Good Cause for.

Once you have the MR Notice then you can request an appeal.

The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

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

DWP Dirty Tricks. 1 month 1 week ago #193344

Hi Gordon,

Thank you for your speedy reply. Although I've never posted on the forum before, I have been a member for a while and have read the guides. I know it is possible to send in an appeal late, but would it still be considered after such a long delay? If the MR decision notice is dated as April then it is going to be over 3 months late!

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DWP Dirty Tricks. 1 month 1 week ago #193357

Shaun wrote: Hi Gordon,

Thank you for your speedy reply. Although I've never posted on the forum before, I have been a member for a while and have read the guides. I know it is possible to send in an appeal late, but would it still be considered after such a long delay? If the MR decision notice is dated as April then it is going to be over 3 months late!


As I said it's 13 months from the date of the Decision.

Gordon

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

DWP Dirty Tricks. 1 month 1 week ago #193358

Shaun wrote: Hi Gordon,

Thank you for your speedy reply. Although I've never posted on the forum before, I have been a member for a while and have read the guides. I know it is possible to send in an appeal late, but would it still be considered after such a long delay? If the MR decision notice is dated as April then it is going to be over 3 months late!


As I said it's 13 months from the date of the Decision.

Gordon

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

DWP Dirty Tricks. 3 weeks 2 days ago #194476

Hello again

I’m thinking of making a complaint to the DWP about how my case has been handled and request they consider the MR I submitted in writing. Do you think I should do this before I lodge my appeal or do them at the same time and state in my appeal that I have made a complaint?

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