Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: 2nd Mandatory reconsideration or appeal?

2nd Mandatory reconsideration or appeal? 3 weeks 5 days ago #196342

Hi, I asked for a PIP mandatory reconsideration by phone, due to time restraints. They gave me a 4 week date in which to send further evidence. This was supposed to have been given by a Case Manager, however a week later, I received a letter to say that they had already done the Mandatory Reconsideration. It was dated the day after my phone call! I'm just really confused about what to do now. These things always seem to happen to me. I'm in too much of a state to ring them again myself, it really stresses me out, so I'm waiting till a family friend can become available to do it whilst I am there.

The date the DWP had originally given me was for next week, so I don't know what happens if I send anything in now, if they've already gone ahead and made a decision? Luckily they have, as you often say here, rubberstamped the original decision, as i was extremely worried about the risk - but would this give me grounds to go straight to Appeal, due to not waiting for additional info?

I was going to send in a further statement from myself. Also, against my better judgement, I eventually asked the Psychiatrist for help in also writing something. However, time was limited and I don't know whether I didn't explain things properly to him or whether he wasn't too bothered but his letter wasn't really useful. I usually just rely on copies of reports, if I have been lucky enough to have been copied in. I don't like asking for something tailored, as it were, to some of the descriptors, as I worry they will think I'm not genuine or a scrounger. Silly, I know, as they treat me and have my records but I've had bad past experiences.

I've never forgotten my Doctors words years ago when i was having trouble at work. I had great trouble when requesting sick certs and was then applying for ESA. Her words were, 'it's all just financial'. I also asked the Doctor for support regarding ill health, my job and requesting a transfer, as even though the firm's Occupational Health had supported me, work was still resisting. Again, the few lines that she wrote, weren't worth the paper they were written on. And here I am years later, still having problems because imdidnt change Doctors.

Anyway, sorry for ranting... Do I now just ignore next week's date, as they've already made the decision? Would there be any chance of a second Mandatory Reconsideraton before appeal? The problem is the unhelpful medical evidence I have. I doubt they give you another 4 weeks, which might give me time to try to sort something else out, although I am too embarrassed to ask the Psych about his letter. I could just send in my statement.. or do you think I would have better chance now at Appeal?

I feel like giving up but having come this far...

Please Log in or Create an account to join the conversation.

2nd Mandatory reconsideration or appeal? 3 weeks 4 days ago #196355

Jb

It may be possible to have the DWP do a second MR taking into account the information that you wanted to send them for the first one, but you need to be aware that the revision rate at MR is very low and you may just be further delaying your requesting an appeal.

If you want to pursue the MR then I would write to the DWP explaining the situation and asking them to look at the Decision again and why.

As you should now have an MR Notice, the one month normally allowed to request an appeal will run from the date of the letter that accompanied them so if you do have to go onto appeal and this is then outside of the month, then you will need to explain why the request is Late, your asking for a second reconsideration should be accepted as Good Cause.

Gordon

Please Log in or Create an account to join the conversation.

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

2nd Mandatory reconsideration or appeal? 3 weeks 4 days ago #196360

Thankyou. Yes I have the notice (2 copies). If I asked for - and they gave, a 2nd Mandatory Reconsideration and the decision was still unfavourable, would I then have a month from the date on the 2nd MR notice to go to Appeal? Or does it still run from the date on the first one and I would then have to give good reason for the late appeal, as you have said?

Please Log in or Create an account to join the conversation.

2nd Mandatory reconsideration or appeal? 3 weeks 4 days ago #196368

Jb

It would be from the date of the first MR Notice, so you would likely have to make a Late appeal.

Gordon

Please Log in or Create an account to join the conversation.

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

2nd Mandatory reconsideration or appeal? 3 weeks 4 days ago #196375

Thanks again. Sorry for all the questions, i try to read up on things but there's so much information, i end up swamping myself. Can i ask, are the odds of the Appeal being accepted late okay/fair, as in better than the chances of Mandatory Reconsiderations being amended in claimants favour? Or can they take a dim view of people appealing late in general? As you say, my reasons would be due to requesting the 2nd Mandatory Reconsideration, although if I can't get extra evidence or what I have added to, I may be better to go to Appeal. I just don't know

Please Log in or Create an account to join the conversation.

2nd Mandatory reconsideration or appeal? 3 weeks 4 days ago #196379

Hello, I have just submitted my appeal today after having the same issue. I was told by the DWP that no decision would be made until my further evidence was received and looked at. This phone call was made the day after Royal Mail showed the evidence having been signed for by the DWP. A few days later I received the MR dated the same day as my phone call, stating that no further evidence had been supplied and that they had made a decision based on face to face interview for ESA (hubby is applying for PIP!)

I called them to advise them that the evidence had been received by them prior to the MR being sent out and they agreed to look at it again using the evidence. Roll on a few weeks and we receive a letter, not addressed to anyone, with just our address on it, stating that the evidence had been used in the prior decision and that they had no reason to doubt the Health professionals report. I know this to be untrue as the original MR states clearly that it was not.

I called DWP again to be told that there is nothing that can now be done apart from me appealing, which of course I am going to do. All it appears to have done by having them reconsider the original MR decision is delay us submitting our appeal, which is now classed as late. The whole system, seems in my opinion, to be engineered to stop people from claiming or pursuing things further.

In all honesty I wish we had just gone straight to appeal in the first place.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonMrs Hurtyback