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Reconsideration
12 years 3 months ago #80790 by bro58
Replied by bro58 on topic Re:Reconsideration
Gordon wrote:
Well done for finding that Gordon.
Into the information bank it goes.
bro58
Lulu
Took some finding but the following link appears to have the statistics you were after.
www.theyworkforyou.com/wrans/?id=2012-01...+allowance#g89724.r0
Gordon
Well done for finding that Gordon.
Into the information bank it goes.
bro58
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12 years 3 months ago #80795 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Reconsideration
lulu wrote:
Hi Lulu,
Notwithstanding Gordon's stated statistics, the success rate of 'reconsideration' is just about equal to that of those on DLA who opt for a 'paper hearing', by a Tribunal, where the appeal is heard on the basis of the claimant's case file.
This isn't surprising, since it's DWP Decision Makers (DM's) who adjudicate on 'reconsideration. and they never see claimants, in the same way as DLA Tribunals where the appellant opts for a 'paper hearing' is heard on the case papers only.
Based on my experience, it's in the best interests of a claimant who is not happy with a decision to go straight for appeal rather than request 'reconsideration'
This is because if a claimant appeals, then before their appeal is sent to the Tribunals Service to action, it is always reconsidered by a more senior Decision Maker.
If a claimant asks for 'reconsideration' and it fails, then the DM will only send notice of refusal, it isn't then treated as an appeal, whereas if the claimant asks for an appeal on GL24 it has to be reconsidered. If that's successful that's the end of the matter.
If unsuccessful, then it's sent as an appeal to the Tribunals Service.
Reconsideration requests do nothing more than waste time.
Whatever you decide, good luck
Jim
Does anyone know what percentage are awarded DLA/AA after requesting a reconsideration ?
Hi Lulu,
Notwithstanding Gordon's stated statistics, the success rate of 'reconsideration' is just about equal to that of those on DLA who opt for a 'paper hearing', by a Tribunal, where the appeal is heard on the basis of the claimant's case file.
This isn't surprising, since it's DWP Decision Makers (DM's) who adjudicate on 'reconsideration. and they never see claimants, in the same way as DLA Tribunals where the appellant opts for a 'paper hearing' is heard on the case papers only.
Based on my experience, it's in the best interests of a claimant who is not happy with a decision to go straight for appeal rather than request 'reconsideration'
This is because if a claimant appeals, then before their appeal is sent to the Tribunals Service to action, it is always reconsidered by a more senior Decision Maker.
If a claimant asks for 'reconsideration' and it fails, then the DM will only send notice of refusal, it isn't then treated as an appeal, whereas if the claimant asks for an appeal on GL24 it has to be reconsidered. If that's successful that's the end of the matter.
If unsuccessful, then it's sent as an appeal to the Tribunals Service.
Reconsideration requests do nothing more than waste time.
Whatever you decide, good luck
Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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