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Mandatory reconsideration decision.

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1 year 7 months ago #280054 by Flipeteeflop
Mandatory reconsideration decision. was created by Flipeteeflop
Hi all.
I have read through the provided guides and have a few questions.
My mandatory reconsideration agreed with the orginal flawed assessment.
The decision makers answer has gone into zero explanation on anything. No reasoning for them agreeing with the asseasment over my given evidence, previous evidence and comments other than they do.
They have not even referred to the evidence i sent for MR. It is there fore not even clear if my MR comments or evidence were even read.

I received no phone call only this decision.

I now only have 10 days to submit my tribunal appeal given postage has taken 18 days and i need help with doing so.

The information given on this site suggests the decision makers comments should make it clear all evidence given was looked at and taken into consideration.
It also says i shoukd have had a phone call if this went against me.
Is there any come back for this at all?
And how woudk i go about getting help to organise my tribunal reply.
My MR reply was 36 pages long.
I cannot use that for tribunal but have to condense it somehow.

Thanks

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1 year 7 months ago #280076 by Gordon
Replied by Gordon on topic Mandatory reconsideration decision.
Flipeteeflop

I have answered some of your questions in your previous post, see'

www.benefitsandwork.co.uk/forum/10-dla-e...t-to-tribunal#280039

I'm afraid a lot of Decision Makers just rubber-stamp the assessment report and as a consequence can off little in the way of reasoning for their Decision. As to the phone call, it is an aspiration by the DWP, not a requirement. You have completed the MR process, you should be looking forward to your appeal.

Why can't you use your 36 page MR submission for your appeal?

Gordon

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

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1 year 7 months ago #280077 by Flipeteeflop
Replied by Flipeteeflop on topic Mandatory reconsideration decision.
Thanks for the replies on both Gordon,
Its not that i cant use the 36 page MR, i can, but its that everything i have read on here is that the more succinct the tribunal submission, the better, as ultimately the trubunal do not want to read 36 pages. Better to have a succinct submission that highlights main points.
The issue being there are so many main points!
The HP report wafts on about irrelevant factors and fabricates or leaves out relevant testimony. These then sre used to state i do not have issue with certain tasks, when i do.
The main issue is the task and the difficulty i have, but in order to expalin my difficulties, i then feel i have to explain what the fabrications of the HP were, what was blatantly ommitted and how it all ties in to my difficulties being ignored by the HP and decision maker.
This is for near on every one of the tasks, hence why so long.

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1 year 7 months ago #280090 by BIS
Replied by BIS on topic Mandatory reconsideration decision.
Hi Flipeteeflop

I would go ahead and use the 36 pages from your MR and not worry about it. The panel will read what papers are submitted, and I can assure you that there are many people who have exceeded 36 pages in their submissions.

BIS

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

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1 year 7 months ago #280101 by Gordon
Replied by Gordon on topic Mandatory reconsideration decision.
Flipeteeflop

The reason I queried the 36 MR document is that it will appear in the DWP's submission to any appeal that you make, they have to provide copies of all of the documents used in the making of the original Decision and the MR.

Gordon

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1 year 7 months ago #280128 by Flipeteeflop
Replied by Flipeteeflop on topic Mandatory reconsideration decision.
Sorry Gordon i do not follow what you mean.

Were you asking in case i did not have a copy, thinking thats why I could not use the MR?

If the tribunal will get the 36 pages and definately review it from DWP anyway, is it not worth starting the appeal to tribunal with something more streamlined?

I can always submit the 36 pages anyway if DWP "mislaid" it and did not add it into their evidence bundle, stating it "wasnt received" or something like that. Ive got the postage receipt and name of person who signed for it so that shouodnt be an issue.

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