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A Reconsideration I did not request!
- Alexine
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11 years 6 months ago #93106 by Alexine
A Reconsideration I did not request! was created by Alexine
Another brown envelope, another problem.
Prior to receiving the Decision Maker's letter telling me that I am in the WRAG, I wrote a letter to the DWP expressing my concerns at the inaccuracies in the ESA85, hoping to preempt the decision of my being placed in the WRAG on the basis of the Atos report. A couple of weeks later, I then received the usual decision letter informing me I was in the WRAG which listed the usual options open to me within a month of the date on the letter. As I believe that I should be in the SG, I was planning to submit a request for a Reconsideration together with new evidence next week. However, this morning, I received a letter from another Jobcentre Plus office informing me that the decision had been looked at again, was unchanged but I could appeal! This Reconsideration had been clearly carried out on the grounds of my letter which predated, by nearly 2 weeks, the letter formally telling me of the decision! In my letter, I had made it clear that I had not yet been informed of the DM's verdict and nowhere in the letter did I request a Reconsideration. If they believed that I had requested a Reconsideration, shouldn't they have confirmed this by letter? Will the DWP recognise this as their error and allow for another Reconsideration, taking the new evidence into account, or do I now only have the option of going to appeal without another Reconsideration?
Thanks.
Prior to receiving the Decision Maker's letter telling me that I am in the WRAG, I wrote a letter to the DWP expressing my concerns at the inaccuracies in the ESA85, hoping to preempt the decision of my being placed in the WRAG on the basis of the Atos report. A couple of weeks later, I then received the usual decision letter informing me I was in the WRAG which listed the usual options open to me within a month of the date on the letter. As I believe that I should be in the SG, I was planning to submit a request for a Reconsideration together with new evidence next week. However, this morning, I received a letter from another Jobcentre Plus office informing me that the decision had been looked at again, was unchanged but I could appeal! This Reconsideration had been clearly carried out on the grounds of my letter which predated, by nearly 2 weeks, the letter formally telling me of the decision! In my letter, I had made it clear that I had not yet been informed of the DM's verdict and nowhere in the letter did I request a Reconsideration. If they believed that I had requested a Reconsideration, shouldn't they have confirmed this by letter? Will the DWP recognise this as their error and allow for another Reconsideration, taking the new evidence into account, or do I now only have the option of going to appeal without another Reconsideration?
Thanks.
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- Gordon
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11 years 6 months ago #93107 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:A Reconsideration I did not request!
Alexine
A Reconsideration cannot take place if there is no Decision to revise, as your letter clearly pre-dated the Decision, and specifically referenced the fact that it was sent without knowledge of the Decision, this should not have resulted in the DWP looking at the Decision again.
Our normal recommendation is to appeal an adverse Decision.
An appeal will result in a mandatory Reconsideration, so you gain nothing by asking for a Reconsideration on its own, and if this still goes against you, forcing a subsequent appeal, you simply end up adding weeks if not longer to the process.
The Decision is of course yours.
Whatever you do, I would include a covering letter, explaining that you have no idea why they have apparently already carried out a Reconsideration as you have not requested one, and mentioning the points you raised in your post, and specifically asking that they carry out a new Reconsideration of your claim based on the additional evidence your are submitting.
Good luck
Gordon
A Reconsideration cannot take place if there is no Decision to revise, as your letter clearly pre-dated the Decision, and specifically referenced the fact that it was sent without knowledge of the Decision, this should not have resulted in the DWP looking at the Decision again.
Our normal recommendation is to appeal an adverse Decision.
An appeal will result in a mandatory Reconsideration, so you gain nothing by asking for a Reconsideration on its own, and if this still goes against you, forcing a subsequent appeal, you simply end up adding weeks if not longer to the process.
The Decision is of course yours.
Whatever you do, I would include a covering letter, explaining that you have no idea why they have apparently already carried out a Reconsideration as you have not requested one, and mentioning the points you raised in your post, and specifically asking that they carry out a new Reconsideration of your claim based on the additional evidence your are submitting.
Good luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alexine
- Topic Author
11 years 6 months ago - 11 years 6 months ago #93108 by Alexine
Replied by Alexine on topic Re:A Reconsideration I did not request!
Thanks, Gordon.
Last edit: 11 years 6 months ago by slugsta.
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