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Extending mandatory reconsideration PIP

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8 years 9 months ago #138266 by carl30
Is it possible to request a formal extension to the 1 month deadline. I have about a week left until i have to post my mandatory reconsideration.

I also have an autism assessment which ill be waiting a few months for. Without the assessment report, my evidence is a little weak.

I know ill have the autism report by time it reaches tribunal, but id rather not waste my chance at mandatory reconsideration.

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8 years 9 months ago - 8 years 9 months ago #138278 by Gordon
Replied by Gordon on topic Extending mandatory reconsideration PIP

carl wrote: Is it possible to request a formal extension to the 1 month deadline. I have about a week left until i have to post my mandatory reconsideration.

I also have an autism assessment which ill be waiting a few months for. Without the assessment report, my evidence is a little weak.

I know ill have the autism report by time it reaches tribunal, but id rather not waste my chance at mandatory reconsideration.


I think you have misunderstood the MR deadlines :)

You have up to 13 months from the date of the Decision to submit an MR request to the DWP. If you do so within a month then the DWP should accept the request without question, if it is outside the one month then the claimant needs to give Good Cause for the delay in submitting the request and it is at the discretion of the DWP whether they accept the request or not.

We've not heard of a request being rejected, but if they did then the decision is not open to challenge and because no MR has been carried out, an appeal cannot be made to the Tribunal Service.

It is in principle possible to extend the one month by requesting a Statement Of Reasons from the Decision Maker, although is worth noting that I can count on one hand the number of times where such a request has been successful, but this strategy will not work for PIP as a SoR is issued with the Decision Letter as standard.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 9 months ago by Gordon.

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8 years 9 months ago #138325 by carl30
Replied by carl30 on topic Extending mandatory reconsideration PIP
That leaves the question of whether or not awaiting further medical evidence is good cause.

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8 years 9 months ago #138337 by Gordon
Replied by Gordon on topic Extending mandatory reconsideration PIP

carl wrote: That leaves the question of whether or not awaiting further medical evidence is good cause.


Good Cause is poorly defined and is subject to a Decision Makers discretion.

One of the issues with waiting for medical evidence is that there will be a question over it's applicability as it will post date any Decision/ I realise that the condition that you are referring to would be a life long one, but DM's are not medically trained.

You might also want to consider that the revision rate at MR is probably not more than 10% and you may be adding delay to a process that is unlikely to change the Decision and add to the time before an appeal can be heard.

Gordon

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

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