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Mandatory Consideration

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5 years 11 months ago #212291 by MsMigraine
Mandatory Consideration was created by MsMigraine
Hi Gordon
Can you please advise I requested an MR following a letter dated 27th Feb taking me from SG to WRAG. I requested my assessment which was full of inaccuracies and I had a witness who on reading it was blatantly clear that this report was full of errors and read as if it was about another applicant. I met the deadline for the MR on the 27th March, I received a duplicate letter dated 29th March with the decision.
Yesterday my HB my capped which leaves me with £12 to live and pay my bills.
When I contacted the council they told me I was on too many benefits I am only on ESA and HB they directed me to the DWP.

When I called the DWP they were unsure why I was losing money when I have no means of income.
I enquired where they were with my MR, they advised me that it had not being assigned to anyone. I was previously told not to chase them by Citizens Advice If I didnt chase them when would my MR be reviewed.
I was informed by the case worker that he would call my file and I would be called in 2-3 days.

Please can you advise me what are my rights here or do I have any?
I am at my wits end as this cap is leaving me in dire straits as the assessors comments were I was not fit for work for 18 months. The work coach completed my interview over the phone 40 mins before the planned appointment back in Feb with no contact since. Nor was there any word about work only questions on what doctors I was seeing.

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5 years 11 months ago #212299 by Gordon
Replied by Gordon on topic Mandatory Consideration
MsMigraine

I've moved your post to it's own topic we ask members not to post their questions in other member's topics as it can lead to the wrong advice being given or taken.

It sounds as if you are being effected by the Benefit Cap, your being in the SG would have exempted your from this.

I'm afraid there is not required time for an MR to be completed in When did you actually request the MR? Average times for an MR are 5-8 weeks.

Gordon

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

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5 years 11 months ago #212305 by MsMigraine
Replied by MsMigraine on topic Mandatory Consideration
I requested it on the 6th March over the phone followed with paperwork and a detailed letter rec on the 27th March.
I then received a letter dated the 29th March repeating what was on the letter of the 27th Feb. I once again wrote back informing them that I had requested an MR.
The assessor had declared that I had not seen a doctor or any of my specialists for 9 months which was untrue but he refused at the assessment to review any of my paperwork.
If I had not phoned re MR yesterday that paperwork from the 27th March would still be sitting there.

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5 years 11 months ago #212307 by Gordon
Replied by Gordon on topic Mandatory Consideration
MsMigraine

So you are in the window for your MR to be completed in, I think you need to give them a further couple of weeks before taking any further action.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MsMigraine

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