Reconsideration taking longer than 11 weeks

Hi

I have done as you suggested and contacted the DWP and I asked how much longer do I reasonably have to wait for a reconsideration decision, given that it is now 12 weeks since I received a letter saying they were looking at the case again.

I was told they did not actually ask for a report from my consultant (although I sent a report in with my initial renewal claim) until November 9th! The reconsideration had been asked for on Sept 5th! The advisor said she would get the "team" to chase up as to why they had not received the report to date as it is 4 weeks since it was asked for.

She agreed that for 2 months nothing had been done at all which was "bad practice" and she would get the team to chase things up urgently.

Should I just leave it until the New Year now? I feel cheated as I sent in my consultants report, psychologists report and an orthopaedic surgeons report in order to avoid the DWP having to get more reports. I cannot for the life of me understand why they are asking my consultant for a report that they actually have already.. he won't offer anything new that hasn't already been said!

I am loathe to complain at this time, but would like some constructive help that I can tell the DWP next time I phone and what my rights are with the time it is taking for the reconsideration.

Thanks for any help given. It is much appreciated.

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ladymadonna wrote:

Hi

I was receiving High Rate Mobility and Middle rate care up until Sept 2011 and my renewal came back as Low Rate care only with no mobility, despite having huge mobility probs.

My double leg op 2 years ago was then complicated by a car accident 3 months after the op which has left me with no chance of recovery in one leg.. cannot get upstairs so have bed and commode in dining room etc.

I put in for a reconsideration immediately. I had already submitted 3 lengthy medical reports for the original decision, that all said I could only walk with crutches, could not get upstairs etc and am suufering major depression following the accident.

I received a letter from the DWP saying they had contacted my consultant ( I had already submitted a report from him which explained everything at length!) and the 11 weeks since I put in for the reconsideration were up last Friday. I called the DWP and they said they were still waiting for the consultants letter.

How much longer after the 11 weeks do they have to make a decision? I presumed they had a time limit on making the reconsideration of 11 weeks, but have been told they can take as long as they like. Is this true? I am distraught as I am on a reduced income of nearly £400 DLA per month to £78 and this is affecting paying my bills on time badly!

Any advice would be much appreciated thank you.

All reconsiderations for DLA are looked at again by a more senior Decision Maker based at Warbreck House in Blackpool.

I personally never advise claimants to ask for a 'reconsideration' I advise to go straight for appeal since if the DWP receive an appeal, it is always 'reconsidered' be fore being passed to the Tribunals Service to action. If the reconsideration fails and only about 15% are successful, the claimant has then to submit an appeal which is reconsidered again. So asking for 'reconsideration' can add weeks to the appeals process.

Good luck anyway

Jima1 wrote:

If the reconsideration fails and only about 15% are successful...

Hi, Jima1,

How recent is the data on which that statistic is based?

I ask because I'm wondering if the pressure to reduce the backlog of appeals may have improved the success rate?

Gordon wrote:

Mark Sutton wrote:

Hi, Jima1,

How recent is the data on which that statistic is based?

I ask because I'm wondering if the pressure to reduce the backlog of appeals may have improved the success rate?

I would hope not. I would hope that the Tribunal Service discharge there responsibilty diligently and not subject to outside pressure.

Gordon

No doubt, but something certainly seems to have increased the number of ESA claimants being placed straight into the WRAG without a medical in recent months.

Since the entry criteria have not changed, one must surely look to other factors?