× Members

Reconsideration and evidence

  • Alexine
  • Topic Author
11 years 6 months ago #92917 by Alexine
Reconsideration and evidence was created by Alexine
Hi,

Following Atos assessment, I have been put into the WRAG, but think I should be in the Support Group on grounds of my mobility. However, I don't want to risk appealing to change the decision, as the Atos assessor was very generous(!) in awarding points on another descriptor, so have decided to request just a reconsideration. I need to acquire more evidence for this but will not manage this before I submit a request for a reconsideration within the monthly deadline. What happens if I send in the new evidence too late for the reconsideration? Would the DWP still take the new evidence into consideration and possibly change the decision at that stage? Or would it be tactically better to lodge an appeal, as doing so would give me more time to acquire new evidence?

Thanks.

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

More
11 years 6 months ago #92920 by Gordon
Replied by Gordon on topic Re:Reconsideration and evidence
Alexine

The first thing I have to tell you is that your understanding of a Reconsideration is incorrect, both a Reconsideration and an Appeal re-make the original Decision, and as such both can result in the loss of your existing award.

If you opt for a Reconsideration, the DWP Decision Maker should allow you time to provide additional information, however, with the delays currently in the system, it is not possible to give you a clear indication of how long this will be. In principle, you should have at least four weeks from making the request to submit any evidence you have have, this period may be substantially longer as some members have waited six months for a Reconsideration to be completed, but this cannot be guaranteed.

If your evidence is not available to the Decision MAker before they make their Decision, then it obviously will not be included, but more importantly, having made a Decision, they will not re-visit it because new information has become available.

Gordon

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

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

  • Alexine
  • Topic Author
11 years 6 months ago - 11 years 6 months ago #92923 by Alexine
Replied by Alexine on topic Re:Reconsideration and evidence
Hi Gordon,

Thanks for the speedy response. If one appeals, would evidence received after the mandatory reconsideration be taken into account by the Decision Maker prior to the tribunal hearing?

Alexine
Last edit: 11 years 6 months ago by .

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

More
11 years 6 months ago #92925 by Gordon
Replied by Gordon on topic Re:Reconsideration and evidence
Alexine wrote:

Hi Gordon,

Thanks for the speedy response. If one appeals, would evidence received after the mandatory reconsideration be taken into account by the Decision Maker prior to the tribunal hearing?

Alexine

In principle, a Decision Maker should review all evidence submitted as part of an appeal, however, the reality is that this is rarely done, and the best you could probably hope for is that the Decision is looked at again immediately prior to the Tribunal hearing.

Gordon

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

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

  • Alexine
  • Topic Author
11 years 6 months ago #92927 by Alexine
Replied by Alexine on topic Re:Reconsideration and evidence
Thanks for the info, Gordon. And many thanks to all of you on this site who work so hard in providing much needed help.

Alexine

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

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.