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Incapacity Benefit to Attendance Allowance

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9 years 11 months ago #121118 by Gordon
Replied by Gordon on topic Incapacity Benefit to Attendance Allowance
Hi Mel

I do love it when the DWP say all you have to do is comment on it and it will get resolved, if only it is that easy.

I would be more than happy to be proved wrong, but unless the DWP decide for themselves that their Decision was made in error, your only way to "comment" on it, is to appeal the Decision, the first stage of which would be to lodge a Mandatory Reconsideration.

As such an appeal would be on matters of the law and their interpretation, rather than whether someone can mobilise 49m or 51m, I think it very unlikely that the MR will result in a change to the Decision and you will be forced to follow the process through to a Tribunal Hearing, which is likely to take six months or more.

Hopefully, the DWP will recognise that they are in error and overturn the Decision, but if they don't I very much doubt that the process will then be as easy as they make out.

Gordon

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