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TOPIC: How does the reconsideration process work?

How does the reconsideration process work? 4 years 3 months ago #27698

Until recently i was in receipt of HRM & MRC, on my renewal i was awarded HRM but no award for care, their decision was based soley on the ATOS doctor'S report. A doctor who spoke to me for half hour and did not examine me. Having read all the information on this website about appealing the decision i submitted an GL24 form asking for an appeal. I received a letter back telling me that they had received my form requesting an appeal and i would be contacted by letter within 11 weeks from the date on the letter 17th Aug 2010. Please can anybody tell me if i'm right in thinking that during this time a reconsideration is done. In anticipation of this i have supplied the DLA with additional information a letter of support, outlining my medial condition from my GP [ they had not contacted him regarding my renewal] and an excellent detailed letter from my Hospital Consultant outlining my medical conditions and the care and support i need. Has anybody had an original decision overturned in their favor during this process or do they ignore additonal information no matter who or where it is from.

Thanks x
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Re:How does the reconsideration process work? 4 years 3 months ago #27719

nutsella wrote:
Until recently i was in receipt of HRM & MRC, on my renewal i was awarded HRM but no award for care, their decision was based soley on the ATOS doctor'S report. A doctor who spoke to me for half hour and did not examine me. Having read all the information on this website about appealing the decision i submitted an GL24 form asking for an appeal. I received a letter back telling me that they had received my form requesting an appeal and i would be contacted by letter within 11 weeks from the date on the letter 17th Aug 2010. Please can anybody tell me if i'm right in thinking that during this time a reconsideration is done. In anticipation of this i have supplied the DLA with additional information a letter of support, outlining my medial condition from my GP [ they had not contacted him regarding my renewal] and an excellent detailed letter from my Hospital Consultant outlining my medical conditions and the care and support i need. Has anybody had an original decision overturned in their favor during this process or do they ignore additonal information no matter who or where it is from.

Thanks x

Hi,

Yes as part of the whole appeal process, another Decision Maker will review your case to see if the award can be changed. If not, the papers will be sent to the Tribunals service, for an oral or paper appeal.

Overall a small number (I forget the percentage) are changed in the claimants favour at the reconsideration stage, however more are changed at an Oral Tribunal, not based soley on evidence as it gives the panel chance to see you and ask you questions and is in effect a re-run of your clasim.

Regards

Pete
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:How does the reconsideration process work? 4 years 2 months ago #29242

The decision to reinstate my MRC component was denied after reconsideration. I received a letter today 07th Oct explaining their reasons along with the appeals papers. I was absolutely gutted, they hadn't even looked at the additional information i sent them [ detailed letter from my hospital consultant, G.P letter of support and photographs]. I know they received them as i had sent them registered post and the royal mail website shows the persons signature.
I phoned the DWP in Blackpool and was told that nothing was showing on their screen that they had received my additional information. I gave them the barcode from the post office receipt and they said they would look into it and someone would ring me within 48hrs.

Any advice would be much appreciated. What should be my next step, I can't believe they can be so cavalier with peoples lives. How can they be so unprofessional, the additonal information myself and my sister put together was very detailed and for them to have misplaced it just proves to me that they simply don't care that this puts enormous stress on the claiment.

Thanks in advance x
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Re:How does the reconsideration process work? 4 years 2 months ago #29247

Hi nutsella, If you have still got copies of the medical evidence i would send it again, (get back on to the DLA at Blackpool and tell them you will send it again Recorded Delivery) make sure you keep enough copies for yourself to keep. Also contact your MP with all your paperwork see what input they could have and for them to see what a shambles the system is in. Best Wishes
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Re:How does the reconsideration process work? 4 years 2 months ago #29249

Hi Nutsella

Firstly, as Pete said, only a small percentage of claimants succeed on reconsideration. The reason for this is that the reconsideration is carried out by the same people who failed you in the first place. You have a much better chance at the appeal tribunal, which is completely independent from the DWP, and a complete rehearing of your case.

You are concerned that the DWP have not considered the additional information that you provided but the important question is, is that information in the appeal papers that they sent you?

If not, I would suggest that you send copies of it to the tribunal, and briefly mention in the cover letter that they were sent to the DWP by registered post, but not received. The tribunal will have to take it into consideration.

Good luck

Derek
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Re:How does the reconsideration process work? 4 years 2 months ago #29250

Thank you for your reply Derek, no the additional information is not in the appeals papers which i received today. When i spoke to DWP regarding this, they said they would look into it and ring me tomorrow. I will of course take your advice and send copies to the appeals service. The appeals papers reads that the reconsideration and the decision not to overturn the original decision was that nothing had changed. The reconsideration process would have been different if they had not lost my additional information.
Thanks x
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