- Posts: 45
× Members
Help - Put in WAG from Support Group
10 years 2 months ago - 10 years 2 months ago #117642 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help - Put in WAG from Support Group
peanut
I am sorry but this is the usual bull from the ESA Call Centre staff.
If you only ask for a Reconsideration then the DWP should accept this as a request for a Mandatory Reconsideration, however, we are aware of claimants where it has not and no MR has been carried out leaving them having to make a Late request for an MR.
So our advice is to specifically request a Mandatory Reconsideration over the phone with a follow-up in writing.
An MR applies to any challenge of a Benefit Decision for any benefit, technically there is no such thing as a Reconsideration any more.
An MR will not stop a benefit being paid if it is already in payment, so as you are in the WRAG you will continue to receive the WRAG rate. The only circumstance where payment will not now be made is for ESA where someone is challenging a Fit for Work Decision, due to the claimant not scoring sufficient points, previously a claimant was able to lodge an appeal from the outset and receive the ESA Assessment rate, this is not now payable until an appeal is lodged after the MR has completed.
In regard the time to request a Mandatory Reconsideration, this is normally one month from the date of the Decision letter, it can be extended by requesting a written Statement of Reasons, but we do not advice this as there is no clear definition as to what constitutes written SoR and the DWP often take the position that it has already been supplied and that an extension does not apply.
If you notify the DWP when you request an MR that you are seeking further evidence then they should allow a further four weeks for you to send this in before making a Decision, we recommend doing this in writing.
I hope this covers everything
Gordon
I am sorry but this is the usual bull from the ESA Call Centre staff.
If you only ask for a Reconsideration then the DWP should accept this as a request for a Mandatory Reconsideration, however, we are aware of claimants where it has not and no MR has been carried out leaving them having to make a Late request for an MR.
So our advice is to specifically request a Mandatory Reconsideration over the phone with a follow-up in writing.
An MR applies to any challenge of a Benefit Decision for any benefit, technically there is no such thing as a Reconsideration any more.
An MR will not stop a benefit being paid if it is already in payment, so as you are in the WRAG you will continue to receive the WRAG rate. The only circumstance where payment will not now be made is for ESA where someone is challenging a Fit for Work Decision, due to the claimant not scoring sufficient points, previously a claimant was able to lodge an appeal from the outset and receive the ESA Assessment rate, this is not now payable until an appeal is lodged after the MR has completed.
In regard the time to request a Mandatory Reconsideration, this is normally one month from the date of the Decision letter, it can be extended by requesting a written Statement of Reasons, but we do not advice this as there is no clear definition as to what constitutes written SoR and the DWP often take the position that it has already been supplied and that an extension does not apply.
If you notify the DWP when you request an MR that you are seeking further evidence then they should allow a further four weeks for you to send this in before making a Decision, we recommend doing this in writing.
I hope this covers everything
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: bro58, Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris