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Reconsideration before Appeal
- mermaid
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12 years 10 months ago - 12 years 10 months ago #88373 by mermaid
Reconsideration before Appeal was created by mermaid
I know that you have always made it clear that if you put in an Appeal for ESA (or DLA for that matter) that the case will automatically be reconsidered by another DM before it goes to Appeal.
I don't want to name places of course, on here, or people, but I have heard via a friend who knows someone working in a Housing Dept that they have been given an update from the DWP indicating that those reconsiderations are not automatically being done now - only if they are asked for. So if it is just an appeal then they are sending it straight to Appeal. Is this possible? Could it just be in one office maybe that is overworked (though they all are aren't they?).
From what they had passed on it sounded as if this was part of an official bulletin, and I just found it rather troubling if they had started doing this to save themselves the trouble and the time!
I know of course that the Appeals system is changing next year, and wondered if they had got the wrong end of the stick, though in fact the aim is to actually make the reconsideration mandatory, so this seems unlikely.
I don't want to name places of course, on here, or people, but I have heard via a friend who knows someone working in a Housing Dept that they have been given an update from the DWP indicating that those reconsiderations are not automatically being done now - only if they are asked for. So if it is just an appeal then they are sending it straight to Appeal. Is this possible? Could it just be in one office maybe that is overworked (though they all are aren't they?).
From what they had passed on it sounded as if this was part of an official bulletin, and I just found it rather troubling if they had started doing this to save themselves the trouble and the time!
I know of course that the Appeals system is changing next year, and wondered if they had got the wrong end of the stick, though in fact the aim is to actually make the reconsideration mandatory, so this seems unlikely.
Last edit: 12 years 10 months ago by Gordon.
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- Gordon
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12 years 10 months ago #88378 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Reconsideration before Appeal
Mermaid
I am not aware of any changes in this area, in fact it is the Governments intention to make the Reconsideration process mandatory, in as much as you will be required to first request a Reconsideration and only if this finds against you, will you be able to lodge an appeal.
Gordon
I am not aware of any changes in this area, in fact it is the Governments intention to make the Reconsideration process mandatory, in as much as you will be required to first request a Reconsideration and only if this finds against you, will you be able to lodge an appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Tatty
12 years 8 months ago #90762 by Tatty
Replied by Tatty on topic Re:Reconsideration before Appeal
Hi,
I have just had my transfer from IB to ESA and they have put me into WRAG i want to appeal to be put in Support group but keep getting different advice the lady at dwp told me to ask for a reconsideration first before appeal as i haven't been asked to a medical and thay may ask that i attend one first before reconsidering but also i would hear the outcome quicker.
others have told me to go to appeal as it holds things up and they reconsider first any way.
please can someone tell me which is right.
going mad here
tatty
Gordon wrote:
I have just had my transfer from IB to ESA and they have put me into WRAG i want to appeal to be put in Support group but keep getting different advice the lady at dwp told me to ask for a reconsideration first before appeal as i haven't been asked to a medical and thay may ask that i attend one first before reconsidering but also i would hear the outcome quicker.
others have told me to go to appeal as it holds things up and they reconsider first any way.
please can someone tell me which is right.
going mad here
tatty
Gordon wrote:
Mermaid
I am not aware of any changes in this area, in fact it is the Governments intention to make the Reconsideration process mandatory, in as much as you will be required to first request a Reconsideration and only if this finds against you, will you be able to lodge an appeal.
Gordon
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- Gordon
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12 years 8 months ago #90765 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Reconsideration before Appeal
Tatty
The first thing to say is that there have been changes to the Appeal or Reconsideration processes, the change I was referring to is still in consultation and at best would be implemented in Apri 2013, if even then.
You have two choices if you do not agree with a Decision.
You can ask for a Reconsideration, in which case a different Decision Maker will look at your ESA50, any evidence you collected, the ATOS medical report, and any information collected by the DWP, to see whether they can change the Decision. As you did not have a medical, they might ask you to attend one, but it is unlikely that they will do so. If the Decision is not changed then you have the option to appeal.
Or
You can appeal, the DWP will first carry out a Reconsideration, as above in its entirety, if the Decision is not changed they will pass your papers to the Tribunal Service for an appeal hearing to be convened.
We recommend that members appeal. You lose nothing by doing so and can save yourself weeks if not months, by not having a Reconsideration and then appealing.
Of course, the decision is yours as to which route you might wish to take.
In either case, please be aware of the following.
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
Qualifying for the Support Group
12 Month Limit for ESA(CB)
Do I have to attend WFIs while I appeal?
I hope this explains it better.
Gordon
The first thing to say is that there have been changes to the Appeal or Reconsideration processes, the change I was referring to is still in consultation and at best would be implemented in Apri 2013, if even then.
You have two choices if you do not agree with a Decision.
You can ask for a Reconsideration, in which case a different Decision Maker will look at your ESA50, any evidence you collected, the ATOS medical report, and any information collected by the DWP, to see whether they can change the Decision. As you did not have a medical, they might ask you to attend one, but it is unlikely that they will do so. If the Decision is not changed then you have the option to appeal.
Or
You can appeal, the DWP will first carry out a Reconsideration, as above in its entirety, if the Decision is not changed they will pass your papers to the Tribunal Service for an appeal hearing to be convened.
We recommend that members appeal. You lose nothing by doing so and can save yourself weeks if not months, by not having a Reconsideration and then appealing.
Of course, the decision is yours as to which route you might wish to take.
In either case, please be aware of the following.
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
Qualifying for the Support Group
12 Month Limit for ESA(CB)
Do I have to attend WFIs while I appeal?
I hope this explains it better.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 8 months ago #90784 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 before Appeal
The Consultation Document can be found HERE
The consultation process closed on 4 May 2012, and an interim response published in June 2012 HERE
No final response has been published to date, although it was promised by the end of July 2012.
The consultation process closed on 4 May 2012, and an interim response published in June 2012 HERE
No final response has been published to date, although it was promised by the end of July 2012.
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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