Turned down on Mandatory Reconcideration

Applepearmommabear

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

[Deleted User]

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. 

Gill_Scope

Sam_Alumni

There is some information and videos on appealing a DWP decision here.