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No DLA 6 years 8 months ago #113409

mariaz18 wrote: Hi,

Can I just ask if you have a template/tips and the kind of things that should be included when asking for Mandatory Reconsideration?
Also can I submit a more detailed letter to DWP as additional information which explains further about my fathers care/mobility needs? or is it too late at this stage?
I'm sending in GP's report with this as my GP refused to fill out the DWP report.


Do you have authority to act on your father's behalf, if not then you may have problems with the DWP?

The first question to answer is whether you are required to follow a Mandatory Reconsideration process, if you are then you will have received details of this with the Decision Notice on your claim. If you did not receive this notification then you should be able to go straight to appeal.

If you did receive notice that an MR was required then;

Whilst the process has changed, how a claimant should approaches a Mandatory Reconsideration is no different from how they should approach an appeal.

So you need to request the Reconsideration, this can be done over the phone, but should be followed up in writing, all you need to say is that you wish to challenge the Decision for benefit made on date dd/mm/yy.

You should make the DWP aware that you will be sending a submission and further evidence within 4 weeks of your request.

The submission can contain whatever you feel is relevant to your father's case, but should concentrate on why he meets the criteria for DLA.

The following will be of assistance.

Disability Rights UK Factsheet - Appeals and reconsiderations

if you have further questions, please reply to this post.

Gordon

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No DLA 6 years 8 months ago #113601

Hi,

I'm just writing the Mandatory Consideration (MC) letter and providing more evidence. Since putting in the application in June, my father didn't really fall or stumble much and ticked 'no' on the DLA From. But this has since changed, my father now is unsteady on his feet and has fallen few times in the last 4 months. Can I put this in the MC letter? Will this be taken into consideration?

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Last edit: by Mrs Hurtyback.

No DLA 6 years 8 months ago #113603

I'm sorry Maria, the Decision Maker can only consider the situation as it was when the first decision was made, any deterioration since then must be discounted for this claim.

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

No DLA 6 years 8 months ago #113605

OK thanks for your reply.
I've a letter from a consultant and not sure if to include it in the evidence, could you please advice on how it reads to you?
"I think there has been a slight improvement, but he tells me, he still has pain"
Do you think I should include this or not please?

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No DLA 6 years 8 months ago #113606

Does the consultant's letter refer to how your father was at the time the decision was made, or is it just dealing with how he is now?

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

No DLA 6 years 8 months ago #113607

Mrs HB is as usual correct. However, if your father's condition has worsened there is nothing to prevent your father submitting a new claim, in addition to his current claim.

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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
Last edit: by Jim Allison. Reason: Corrected typo.
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