Reconsideration decision issues

Hi again

That was a DWP ring back i received - though i am unsure if that automatically means i was speaking with a customer service manager or not.

Regarding SARS, is there a legal limit to how many SARS requests that can be submitted in a year or will there be problems if i send in another SARS request. Obviously i'm requesting the latest documents generated so im not repeating any previous request. However i will in the near future be dealing with my DLA and will want to make yet another SARS concerning that specific claim.


thanks again for your input- it really HELPS !

N

Hi

The development here was that the DWP did another reconsideration of my claim which resulted in the same decision (ie in may favour wrag to support group) as the last reconsideration they made.

As the initial request was actually to receive the long awaited for written confirmation of the last reconsideration they made and where this has now resulted in a new reconsideration being made but no confirmation letter for either reconsideration yet appearing - could you just advise:

1. Within what timespan should notice of a reconsideration decision be made in writing by the DWP ? Is it within one month ? I'm a bit concerned to ask yet again for a reconsideration confirmation letter if none arrive because this resulted in them making a new reconsideration last time. However legally they are breaking the law and denying me notice of right to appeal if they fail to provide written notice again.
2. As they have now made a 2nd reconsideration on Oct 10th some 5 months after the original reconsideration, should i assume that my award starts again a new period from 10th October subject to new review dates or is it possible that nothing changes. I'm a bit thrown by them having made two reconsiderations within 6 months. Is there a procedural process directing what i should expect as the outcome from them having done this ?

thanks for your time
n

Hi again, bare with me please !

I received a letter dated 18th October which i think is supposed to be the written notice of the reconsideration.

However, the letter does not make any reference to the reconsideration or appeal process , it simply states "we have looked at your claim again following a recent change - This is because of a change in money coming in." It's a usual letter of notice sent under such context. The only place any reference to the result of the reconsideration process occurs is where the final page breakdown of benefit payments lists "extra money because you are in the support group". The usual right of appeal is contained.


I think there may be a screw up because i was expecting a notice of reconsideration letter to actually make a reference to the event itself & i now realise that a prior letter dated 28th August which is exactly the same as the one dated 18th October must have actually been the original reconsideration confirmation letter.

So by not realising that i had already received a reconsideration confirmation letter and then triggering another reconsideration event when i asked for the delayed original reconsideration confirmation letter to be sent, i ending up with two reconsiderations & two confirmation letters.


If so, there is a problem because :
The original reconsideration confirmation letter dated 28th August - at the bottom of the last page detailing benefit payment breakdown indicates that the payments will apply to 10 April 2013 which will be the full 18 months of the original award timespan. However the new reconsideration confirmation letter now indicates that payments will apply to 6th November 2012 which is only 12 months of the original award time span. This could mean in effect that the new reconsideration resulted in 6 months being chopped off the time length of the award and i am now up for reassessment prematurely in a couple of weeks.
This is really annoying because the original appeal i submitted argued that the full 18 months was required in the support group and they did agree to this. The new reconsideration now is only for 12 months.

3 Questions:
1. Firstly, do i presume these are the reconsideration confirmation letters ? If so, are the dates i mention regarding date award is will apply until reliable in the sense it indicates reliably the time length of award or is there an arbitrary factor to what those dates are about which may mean that the award may continue beyond that date anyway ?
1. Should i submit an appeal on the grounds of the above situation where the unnecessary 2nd reconsideration which was triggered has shortened the indicated award time span for no reason at all. I remember that you have previously stated that you can't appeal against the date of an indicated advised 'reassessment date' shown on an ESA85a or LT54, but could i appeal against the 'date the award has been applied until' in this notification letter based on the fact the 2nd reconsideration had no purpose and was effectively not specifically called by anybody ? Would you advise i could send in such an appeal and it could be effective ?
3. Aside from that, could you advise what happens when a live claim goes back into reassessment ? Do my current payments remain at support group levels until the outcome of the reassessment or do i go into a reassessment level of payment during such periods ?

many thanks for baring with this really confusing situation.

n