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Atos medical despite serious mental/physical ill

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8 years 2 months ago #150742 by Cat
Hi

I sent the MR form and a lot of documentation, after welfare rights advisor saying he felt that me being in the Support group for ESA, and after reading in detail about my situation, said it was worth trying for a decision now, rather than the usual 'dwp drag it out into appeal, so no point sending everything now'. I sent everything recorded post on January 25th, but haven't heard anything yet.

I'm seeing in the pdf about MR that it can take them up to a month to reply, but may I ask in the meantime if they ultimately backdate from the date of the original decision?

I've managed to get a new gp, which is brilliant, so I'm wondering if, due to the last gp being negligent/gp records atrocious omissions/him clearly misrepresenting me deliberately, and me literally not even having met one of the gp's at the new surgery yet, that might mean they see new proof is going to take a while and let it through as is. Having been on high rate mobility and low rate care DLA long term, and Support group ESA easily awarded within a week of me writing a brief MR letter, and previous nice gp's letters very helpful, I'm wondering if they have enough to refer to. The woman lied entirely re the wca, is very clear, especially compared with the years of previous benefits/gp letters etc.

Thanks and kind regards, Cat

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8 years 2 months ago #150775 by Gordon
Cat

Any revision of the Decision, whether at the MR stage or at appeal, will apply from the date of the original Decision and will result in any back payments being made from that date.

Best of luck

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 1 month ago #152281 by Cat

Gordon wrote:

Cat wrote: ... on reading, it says it could take 40 days for them to send the information, albeit free, so if I first go ahead with the request letter, and then include in the mandatory reconsideration letter that I've already requested all information, then at least they'll know it's on the way, plus that appealing is very likely if needed ...


They are usually much faster than the 40 calendar days, if you have to go to appeal, then the DWP submission will contain all of these documents as well.
Gordon


Hello, am worried as it's 40 days since I sent the SAR request (recorded delivery). It's also 5 weeks since I sent the MR letter (recorded too). Not coping well.

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8 years 1 month ago #152298 by Gordon

Cat wrote: Hello, am worried as it's 40 days since I sent the SAR request (recorded delivery). It's also 5 weeks since I sent the MR letter (recorded too). Not coping well.


I'm afraid your only option is to chase them for an update.

Gordon

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

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8 years 1 month ago #152310 by Cat
Thanks Gordon. At least them failing to do what they legally promise they will is a black mark against them and in my favour? I know I sent it to the correct address before, recorded, and it arrived. I can only write again, posting it when I'm able to.

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8 years 1 month ago #152327 by Rh
I sent of for Sara for esa and dla and received a response well over the 40 days with an apology letter.
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