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Time allowed for Mandatory reconsideration

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4 years 10 months ago #248671 by Bmanchester
Time allowed for Mandatory reconsideration was created by Bmanchester
Hi there,

I hope you can advise about the following :-

I had been in receipt of DLA high rate mobility for several years.

Late 2019 I had a medical examination transferring me from DLA to PIP.

The result arrived on 9th January, 2020 (their letter being dated 2nd January, 2020) and I found that I had been given low rate mobility

I sent in a request for mandatory reconsideration on 20th Jan, 2020. It was sent with signature required upon receipt. It was received on 21st Jan, 2020.

After 10 weeks as I had not heard anything, I sent a letter on 6th April, 2020 asking how long the reconsideration would take. It was signed as received on 7th April, 2020.

To date (15th June, 2020) I have still not received any response.

Am I correct in thinking that there is no legal time limit for the reconsideration? Surely there should be a moral limit?

After waiting all this time for a response, am I allowed to go to appeal on the basis that the DWP are dragging their feet?

I must just add that I am waiting to have both knees replaced (bone rubbing against bone) and when I walk (that is when I can) I have a very pronounced sway from side to side. These conditions are extra to the reasons I was awarded the DLA high rate, all of which still apply. The DWP are aware of this.

I really do not know what I should now do, if anything.

I look forward to hearing from you.

Many thanks

Brian Beamish BManchester

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4 years 10 months ago #248672 by Gordon
Replied by Gordon on topic Time allowed for Mandatory reconsideration
Bmanchester

You are correct that there is no required timescale in which an MR needs to be completed within, however, I would have expected you to have heard by now, is there any reason why you cannot ring the DWP?

I'm afraid you cannot request an appeal without a Mandatory Reconsideration Notice, either because the DWP has made a Decision on your MR or they have refused to do the MR.

Gordon

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

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