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Turned down on Mandatory Reconcideration

Applepearmommabear Member Posts: 6 Listener
Hi everyone, Iv`e been on esa since august, had my assessment in September then on 10th Dec 2017 received a phone text saying I didn`t have to send more sick notes as I had qualified for esa but no letter, by the 22 Dec I decided to phone, the gentleman that I spoke with told me that I had been put in wrag and was very apologetic as I hadn`t received a letter explaining this and they had made this decision 11th nov, being worried that I had now past the month in which I could ask for a reconsideration. After the  Christmas holidays I phoned again explained that I had never had a letter and that I had to phone up to find out about the outcome and asked if I could put in for an MR, she agreed and gave me a date when to have it in, I also asked for my medical report, Two weeks later the report came, I was heartbroken and reduced to tears reading the inaccuracy and dishonesty the assessor had wrote about me, my name was on the report but it wasn`t about me!!After sending a 5 page letter why I think I should be placed in the support group and also sending more evidence with a letter from my doctor,  After 3 months I finally received a letter saying "You indicated that you may be providing further information ( Which I did) but however as of today no information has been received".  I got the 15 points but she said I was put in the limited capability for work related activity. The letter also says that further  evidence will be taken into consideration when it is received.  What I would like to know is do I start a Tribunal or if I send more evidence to DWP will it hold off the one month with the tribunal? Thank you


  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    You have one month to appeal. DWP cannot extend that deadline until you’ve actually appealed and only if turns out your appeal is late. Late appeals are not difficult to get but there’s no guarantee and at this point your evidence would have to be overwhelmingly decisive and directed explicitly to the activity you think gets you into the support group (you have identified the activity haven’t you?) to change anything so I’d go for the appeal and put your evidence in either with the appeal or as soon as it’s lodged. 
  • [Deleted User]
    [Deleted User] Posts: 273 Pioneering
    Hi applepearmommabear

    This part  I find confusing:
    "The letter also says that further  evidence will be taken into consideration when it is received." 

    The DWP has done a Mandatory Reconsideration - I've haven't known them to do a second one, so perhaps they mean that you would be re-assessed (yet) again if you send in information that appears now to support  your support group claim. 

    Anyway, I agree with mikehughescq, in that the next stage is to appeal. Again, I haven't known the Tribunal Service to reject an appeal made within a few months of the DWP MR decision on the grounds it's late, unless you put no grounds for its lateness. You could include the confusion from the DWP itself as a reason for lateness, as that is relevant. 

    I hope that helps. 


  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,676 Disability Gamechanger


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