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TOPIC: 2nd Mandatory reconsideration or appeal?

2nd Mandatory reconsideration or appeal? 3 weeks 5 days ago #196387

Jb wrote: 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


Hi Jb,

To date the Tribunal Service have been happy to accept late appeals - but, of course, there are no guarantees.

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Last Edit: by Mrs Hurtyback.

2nd Mandatory reconsideration or appeal? 3 weeks 5 days ago #196388

Jb wrote: 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


I can't remember the last time that a Late request for an appeal was rejected, as long as you provide Good Cause and the second MR would count as this, then I don't see you having any problems.

Gordon

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2nd Mandatory reconsideration or appeal? 3 weeks 1 day ago #196574

Thankyou EmmaH for mentioning your experience. Not really too sure what to do now. Im thinking that if i ask for a 2nd MR, the appeal request, if decision not changed will end up being several weeks late..

Gordon/Mrs Hurtyback
Probably a silly question but if I request a 2nd MR, can I also put in the appeal request so I am not out of time or would I need to wait for the MR decision and have to put the late Appeal in? Could i also ask, do you know what chances there are of a different result on a 2nd MR?Many thanks

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2nd Mandatory reconsideration or appeal? 3 weeks 14 hours ago #196604

Jb wrote: Gordon/Mrs Hurtyback
Probably a silly question but if I request a 2nd MR, can I also put in the appeal request so I am not out of time or would I need to wait for the MR decision and have to put the late Appeal in? Could i also ask, do you know what chances there are of a different result on a 2nd MR?Many thanks


If you appeal then the DWP may be unwilling to make a Decision in your favour arguing that it is now for a Tribunal panel to decide.

Gordon

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2nd Mandatory reconsideration or appeal? 3 weeks 9 hours ago #196648

Hi, my friend phoned for me today whilst I was sitting next to him. He asked the lady how it was that the Mandatory Reconsideration had already been done and sent when extra time had been agreed by a Case Manager in which to send extra info. The lady said she could see that the case had been put down as deferred by the Case Manager and it may have been an oversight, an automatic letter sent out and would get another Case Manager on the line to see if it could be overridden or do a 2nd Mandatory reconsideration done.

However, when a Manager then came to the phone, she said once a Mandatory Reconsideration has been done, that's it and that there was no note of the further/deferred date for additional info to be sent in, in complete contrast to the first lady who had just confirmed there was a note, after she answered the phone!

Furthermore, she said there was no such thing as a 2nd Mandatory Reconsideration! So now im really confused. She told me my only option was to go to Appeal, which I guess I must do now. I've only got a couple of days but at least it will be within time now.

Could you tell me if under Grounds of Appeal on the form I should just put that I think for instance, the mobility score is incorrect etc? Should I add that the MR was done without waiting for additional info, or would this be something I should put in my submission, along with the extra evidence? thankyou

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2nd Mandatory reconsideration or appeal? 3 weeks 8 hours ago #196662

Jb

You need to give basic reasons why you are making the appeal, so you can say what points you expected to score for Mobility but you would also have to give a brief explanation of why.

There's a sample completed SSCS1 in the PIP Submission document.

Gordon

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Moderators: bro58GordonMrs Hurtyback