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Mandatory Reconsiderations

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6 years 4 months ago #202538 by gnik
Mandatory Reconsiderations was created by gnik
I sent in an MR request on October 23rd, following a decision letter on the 17th. On the 28th, I also sent in a photocopy of a letter I received from the Hertfordshire Partnership's Street Triage Team, which has a direct bearing on the decision made. Both letters were sent recorded delivery, and I have proof that they were both received and signed for at the Cosham Benefit Centre.

I heard nothing from them by letter or by phone for a month. On November 25th, I sent a third letter to Cosham asking why I had not been contacted by them, or even had an acknowledgement. This letter was also sent RD, also received and signed for.

I have been in touch with both my MP and with 'DWP Ministers.' My MP's senior case worker told me that she (my MP) was sorry to hear of this situation; I also told that DWP have no time limit to keep to, and that it can depend on 'what their workload is at present.' So, while claimants have to send in an MR within a month, DWP can take as long as they like. The idea that DWP have set themselves '10 days within which to deal with an MR' seems to be a complete fiction. I've also read about 'expecting a wait of 30 days.' This seems mythology as well.

The e-mail I sent to 'DWP Ministers' was replied to within a week by something or someone called 'Centre Operations Correspondence.' They said I had to send them my full name and address before they could look into the case, which I have done. (I was also told not to send my NI number by e-mail in case it was stolen!)

It's now December 2nd, and it's six weeks since I received my decision letter. I have sent three letters to Cosham, and they have done nothing. What is the longest time it took DWP to deal with an MR request? It might be in next year's Guinness Book of Records.

Is two months more likely? What about three months, or six? As this is a reassessment for ESA, it means that I can neither go forward to an appeal, nor receive any appeal rate ESA. Perhaps DWP at Cosham have simply lost my letters, or thrown them away. Having been through all this with ESA back in 2011-12, it's obvious that the whole system is just as bad for claimants (especially those with mental health difficulties) and just as slow. Nothing has improved the slightest bit since 2010; in fact, things have gotten worse. Finally, if it takes at least six weeks to look at an MR, and 80% or 90% of them are rejected anyway, how long are we expected to wait for an appeal tribunal to meet? In my case, I'm expecting late summer or early autumn of next year.

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6 years 4 months ago - 6 years 4 months ago #202557 by Gordon
Replied by Gordon on topic Mandatory Reconsiderations
D

We would normally expect an MR to take 5-8 weeks but it can be longer and we have seen them occasionally take more than 3 months. One of the issues that can delay the process is if the DWP Decision Maker has to go back to Maximus for additional medical support.

If the MR does not revise the Decision then you can appeal, although there are some differences across the country, I would expect an appeal to take 4-6 months.

Providing this was your first Fit for Work Decision or the first since you had an award then you can receive the ESA Assessment rate while you wait for a hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 4 months ago by Gordon.

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