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mandatory reconsideration
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9 years 1 month ago #131546 by alice
mandatory reconsideration was created by alice
Hi, I sent my request for a MR last Tuesday. While i was out yesterday they phoned and left a message saying it was important that they speak to me, another call 20 minutes later. I have called the number on my decision letter but it just keeps me on hold and i want to keep the phone line free. do you think i should keep trying to call them, i'm scared they will just process it now anyway,
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9 years 1 month ago #131559 by Gordon
They usually try 3 times before writing to the claimant, a good time to ring the DWP is before 9am.
Gordon
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Replied by Gordon on topic mandatory reconsideration
alice wrote: Hi, I sent my request for a MR last Tuesday. While i was out yesterday they phoned and left a message saying it was important that they speak to me, another call 20 minutes later. I have called the number on my decision letter but it just keeps me on hold and i want to keep the phone line free. do you think i should keep trying to call them, i'm scared they will just process it now anyway,
They usually try 3 times before writing to the claimant, a good time to ring the DWP is before 9am.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 1 month ago #131827 by alice
Replied by alice on topic mandatory reconsideration
Hi,
I spoke to them on the phone on Wednesday 18/03/, he said my file has been passed on and it could take up to three weeks, imagine my shock this morning when it arrived !. They have not overturned the decision. They said although they do not dispute i have a congenital problem (Spinabifida) i can use a wheelchair, i dont use one, and athough my doctor has said im unfit for work, this doesnt matter and being able to carry out the tests doesnt mean you have to be pain free !!. I'm feeling so defeated at the moment, is it really worth appealing?
I spoke to them on the phone on Wednesday 18/03/, he said my file has been passed on and it could take up to three weeks, imagine my shock this morning when it arrived !. They have not overturned the decision. They said although they do not dispute i have a congenital problem (Spinabifida) i can use a wheelchair, i dont use one, and athough my doctor has said im unfit for work, this doesnt matter and being able to carry out the tests doesnt mean you have to be pain free !!. I'm feeling so defeated at the moment, is it really worth appealing?
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9 years 1 month ago #131868 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic mandatory reconsideration
Alice
I would not take a refusal at the MR stage to heart, although the success rate for MR's has improved significantly over the last couple of years, the fact is that the vast majority of MR's uphold the original Decision.
However, for you to go onto appeal, you must address the issues raised by the Decision Maker if you are to be successful, have a look at our answers to your previous questions for more information. See
www.benefitsandwork.co.uk/forum?view=top...=10&id=103288#130699
You should also have a good read of the ESA Claim guides to see what exactly is required of you for each of the ESA Descriptors.
If you believe that you can meet the criteria for the WRAG or the Support Group, then have a look at our ESA MR & Appeal guide which explains how to lodge an appeal, you have one month from the date of the MR letter to make one. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
I would not take a refusal at the MR stage to heart, although the success rate for MR's has improved significantly over the last couple of years, the fact is that the vast majority of MR's uphold the original Decision.
However, for you to go onto appeal, you must address the issues raised by the Decision Maker if you are to be successful, have a look at our answers to your previous questions for more information. See
www.benefitsandwork.co.uk/forum?view=top...=10&id=103288#130699
You should also have a good read of the ESA Claim guides to see what exactly is required of you for each of the ESA Descriptors.
If you believe that you can meet the criteria for the WRAG or the Support Group, then have a look at our ESA MR & Appeal guide which explains how to lodge an appeal, you have one month from the date of the MR letter to make one. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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