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mandatory reconsideration

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8 years 10 months ago #136379 by Gordon
Replied by Gordon on topic mandatory reconsideration
Kim

You have two options available to you, request a second MR it's unusual but the DWP may decide to do one, or, on the assumption that you now have an MR Notice, you can go straight to appeal.

Complaining to the DWP

Gordon

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8 years 10 months ago #136387 by Sully32
Replied by Sully32 on topic mandatory reconsideration
I have just read the MR NOTICE in the first sentence during my explanation call [you did not tell us wich parts you wanted reconsidered so i have reconsiidered all aspects of the original decision] then in the next sentence he says I have looked at the areas in dispute so how can there be a dispute when I didn't tell them what parts I wanted reconcidered he says im not seeing a specialist wich was the reason extra evidence was being sent my level of reported restrictions is inconsistent with your medical history and because I have a full uk driving licence I can not have any cognitive impairment to prevent you planning a journey [what has a full driving licence got to do with mental health problems] I have normal back movement balance behaviour concentration this is consistent with my medical history I do not need to wash and bathe unaided and the drivel goes on and on the whole idea of providing further medical evidence was important to the MR BUT HES ONLY REFERING TO THE CONVERSATION I HAD WITH THE ORIGINAL DECISION MAKER no mention of my letters phone calls where I said I would be sending the further evidence so do I as suggested just go to appeal and tell them about the MR being done on the 12/6/15 when the original DM said I had until the 15/6/15 to send the imformation and if it didn't have it all by this date just to ring and explain and there was no problem because there was no real time limit he says I have no restricsions in my lower limbs I have arthritis in both hips both knees right foot spine and hands what a joke

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8 years 10 months ago #136428 by Sully32
Replied by Sully32 on topic mandatory reconsideration
hi Gordon need your advice again I have rang dwp this morning I thought that because I asked for the MR on the 14/5/15 I would have until the 15/6/15 to send the extra medical evidence that's what the first DC confirmed when I spoke to them this morning the guy said I requested the MR on the 21/5/15 don't understand where this date has come from and they allow 21days for the extra evidence and that's why it was looked at on the 12/6/15 on every site ive looked including this one it says once you request for the MR you have one month to send extra evidence and can be extended if you have not got all the evidence wich I said in the letter I sent so if they are saying I applied for MR on 21/5/15 then that would have taken me up to 21/6/15 and that confirms the MR was looked at before the time guides am I right or wrong help please he did say that an email had been sent to one of the case managers and some one will ring me

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8 years 10 months ago #136433 by Gordon
Replied by Gordon on topic mandatory reconsideration
Kim

The MR process is procedural rather than being defined in law, therefore claimants are at the mercy of the DWP as to how it operates on any particular day, this may sound perverse and I for one would not disagree with you, but it is the way that it is.

As previously posted you really only have two ways forward, push for a new MR to be carried out on the basis that they did not allow you sufficient time to send in your additional evidence or progress on to the appeal stage.

Independently of that, I would not expect it to be addressed within the timescales of a new MR, you can make a complaint to the DWP about how they handled the original MR. You can also see whether your MP can have any effect on the situation

Complaining to the DWP

Contacting your MP

Gordon

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

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8 years 10 months ago #136438 by Sully32
Replied by Sully32 on topic mandatory reconsideration
got the first part of your reply did not quiet get the second part :( thanks

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8 years 10 months ago #136446 by Gordon
Replied by Gordon on topic mandatory reconsideration

kim wrote: got the first part of your reply did not quiet get the second part :( thanks


Do you mean about your making a complaint?

Any complaint you might make is a completely separate process from any request for a second MR or appeal that you might make.

The DWP will not wait for the results of the complaint in regard to making a new Decision on an MR and the results of the complaint will not effect the result of an MR.

If you go to appeal then the Tribunal Service have no specific interest in how the MR process was managed, just the result.

Gordon

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

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