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ESA Mandatory Reconsideration Notice sent early

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6 years 2 months ago #203710 by layla28
My understanding is that the deadline to ask for a mandatory reconsideration of any decision from the DWP is one month from the date on their decision letter. I received a decision letter dated 9th November which stated that I had been moved from the Support Group into WRAG on 21st October. I phoned the DWP to inform them that I would be submitting a written mandatory reconsideration request. I struggled with writing my mandatory reconsideration request letter but I managed to get it deliverred to DWP within the one month deadline - by 8th December (a friend took my letter to my local Jobcentreplus to have it scanned directly on to the DWP's electronic system). I have proof of this - the jobcentreplus staff member stamped and dated my letter and wrote on my covering page that my letter had been scanned on 8th December and also wrote that it would be looked at by DWP on 11th December. On the morning of Monday 11th December I received a voicemail message from DWP to say that my Mandatory Reconsideration request letter had been received by the Dispute Resolution Team, but that their decision remained unchanged and that a Mandatory Reconsideration Notice letter would already have been sent out to me. I received the Mandatory Reconsideration Notice letter dated 6th December during the week commencing 11th December. I am now in a position where I have to submit my grounds for appeal before this Saturday 6th January - but please can you let me know if I have grounds for complaint that DWP failed to even wait to receive my written Mandatory Reconsideration Request? If the DWP had waited to receive my written MR Request, it would have taken then time to consider and I might at least have had a couple more weeks before I would have had to submit my grounds for appeal. Can anyone let me know where I stand please? Do I mention this in an accompanying letter with my appeal form SSCS1? ie let them know that DWP made their decision without waiting to receive my written MR Request and that this has therefore brought my appeal deadline forward, putting me under more stress and pressure to meet another deadline? My understanding is that the Mandatory Reconsideration process was introduced to enable information to be looked into and to try to avoid appeals, but how can this happen when the DWP make a decision and send out a M R Notice, without even waiting until the one month deadline has passed to receive a claimant's written Mandatory Reconsideration Request? My Mandatory Reconsideration Notice letter also states they sent me my original decision letter on 21st October, but this is incorrect, the DWP's decision letter to me is dated 9th November. I even had to phone the DWP to ask them to send me a decision letter referring to the decision made on 21st October - I doubt I would even have received a decision letter if I hadn't requested one to be sent to me during my call back on 9th November. The lady I spoke to on 9th November said she could see from their system that no decision letter had been sent to me following the decision made on 21st October, and she typed one up and sent it to me on 9th November. Sorry this message is so long, but I need to know whether it's worth me asking the tribunal service to extend my appeal deadline because the DWP sent me my MR Notice without waiting to receive my M R R or will this make no difference? Is it advisable for me to meet the appeal deadline of 6th January and attach a separate letter regarding all of the above, to make the Tribunal Service aware ?

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6 years 2 months ago #203729 by Gordon
Layla

Forgive me but could you break future posts into smaller paragraphs, it's extremely difficult to read a block of text this big!

What I suspect has happened is that your phone call was treated as the request for an MR to be done, we advice writing to the DWP with the request or if it is easier for the claimant, phoning, but not both!

If you told the DWP that you would send further information then they should have allowed you 28 days to this, but this may have expired before they received your letter.

You can complain to the DWP, but this is a completely separate process from any appeal that you might make, the Tribunal Service will not be interested in a procedural problems you had with the MR process.

Complaining to the DWP

If the TS do not receive your appeal request within one month from the date on the letter accompanying the MR Notice then it will be treated a late and you will need to provide reasons for the delay, the problems you have had with the DWP and your MR and Xmas should be accepted as Good Cause.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 2 months ago #203752 by David
You only need to send brief details why you are appealing when you submit SSCS1. You do not need to send your full submission. You should wait for the bundle to complete your submission as this will make it much easier and less confusing
The following user(s) said Thank You: layla28

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6 years 2 months ago #203788 by layla28
Thanks for your reply. My decision letter is dated 9th November. I phoned DWP on 24th November to inform them that I would be submitting a written mandatory reconsideration request within the one month deadline, but I remember the call centre advisor asked me for details of reasons I disagreed with the decision - I remember being told they would forward my reasons by e-mail to appropriate dept. to be looked into. I definitely stated on the phone that I would be sending a written mandatory reconsideration request. My decision letter is dated 9th November and my written mandatory reconsideration request was scanned at the local jobcentreplus on 8th December, within the one month deadline - just. My MR Notice is dated 6th December which shows that the DWP did not even wait until the one month deadline had expired before they wrote and sent me my MR Notice. Is it worth mentioning this on Form SSCS1, or no point? Do I attach my mandatory reconsideration request letter to my Form SSCS1? Or should I just provide concise reasons within the Section 5 grounds for appeal section? Thank you.

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6 years 2 months ago #203789 by layla28
Thank you for your reply. I will try to explain as concisely as I can in section 5 grounds for appeal section on the form sscs1 - should I attach my mandatory reconsideration letter which the DWP did not wait to receive before they sent me my MR Notice? Or is it likely to cause the Appeals Centre confusion if I attach my Mand Recon Request letter?

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6 years 2 months ago #203793 by layla28
I was originally placed in support group because I met the criteria for the ‘exceptional circumstances’ regulations - it was considered there would be substantial risk to my health if I were not found to have limited capability for work or work-related activity. The limitations of my condition have not diminished or lessened since I was previously placed in the support group, and I believe that my GP's evidence shows that I continue to meet the criteria for Regulation 35 (2) and I will be writing this in my grounds for appeal. I need advice on the following though - I was scored 18 points in total, 9 for coping with going out, and 9 for coping with social engagement, and 0 for some descriptors where I think I should definitely have scored. My question is do I need to address any of the point scoring descriptors at this stage of my appeal, or do I only appeal at this stage on the grounds that I believe I continue to meet the exceptional circumstances criteria for support group?

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