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Mandatory Reconsideration - Does is have to arrive within 28 days or be dated and sent within 28?

PIPnewbiePIPnewbie Member Posts: 268 Pioneering
Just helping to write my girlfriend's MR letter, and we are wondering if it will do if it's dated and sent Tuesday, when the date is up Thursday?

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    28 days to request the MR. If you're sending it that late then she'll need to ring them to request it and tell them the letter etc has been sent.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • wilkowilko Member Posts: 2,297 Disability Gamechanger
    Don’t leave it till the last minute, phone and request a MR the follow it up with a written request send it recorded delivery if you have no faith in the postal service.
  • Peasmold_01Peasmold_01 Member Posts: 144 Pioneering
    The DWP MUST have the MR in their hands by no later than 5 days after they sent their decision letter to you. The 5 days is to allow for the postal service and the 2nd class post that the DWP. However, if for any reason you cannot adhere to this timescale, telephone the DWP and request an extension of time. They will usually accept upto 14 days, but 7 is the norm. And don't forget, photo copy everything you send to them, and send it recorded delivery, that way you can prove (a) it was posted within the time scale,(b) the contents of the letter requesting the MR. 
  • topshoestopshoes Member Posts: 442 Pioneering
    Hi @PIPnewbie try always  to send any documents long  beforehand,so they have got them in time , then you are at ease , first class recorded is best , needs to be sent off tomorrow really as soon as they open 8.30 well here , as every one said phone them tomorrow and say its on its way , they could look when you sent it to , good luck let us know how you got on  
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    Thank you for the replies.

    I am confused about the 5 days @Peasmold_01 .  I thought it was 28 days?
  • topshoestopshoes Member Posts: 442 Pioneering
    edited October 2018
     @PIPnewbie i think your find that @Peasmold_01 is saying you have 28 days they give you to get it back to them, so say you have sent back 14 days before that is in the time limit you sent it early, you need to get it to them before the 28 day really because of the post  could take 3 days say time they get it on their desk , hope this helps 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's 28 days to request it.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Peasmold_01Peasmold_01 Member Posts: 144 Pioneering
    I'll try and explain it again. You have to get the MR back to the DWP within 28 days, from receipt of the decision from DWP after assessment. So if the decision letter is dated, for example, 21 October, and you receive it, 25th October, you have 28 days from receipt of letter, 25th October. When you send in the MR, add a note of the DATE that you received the decision. If you are at all worried, telephone them and ask for a 7 to 14 day extension of time, over and above the 28 days. Hope that makes it clearer now. Sorry for any confusion in my last post.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    I'll try and explain it again. You have to get the MR back to the DWP within 28 days, from receipt of the decision from DWP after assessment. So if the decision letter is dated, for example, 21 October, and you receive it, 25th October, you have 28 days from receipt of letter, 25th October. When you send in the MR, add a note of the DATE that you received the decision. If you are at all worried, telephone them and ask for a 7 to 14 day extension of time, over and above the 28 days. Hope that makes it clearer now. Sorry for any confusion in my last post.
    Really?  That changes everything then. Her award letter is dated 4th of October, but she didn't receive it until the 11th of October, and she had her PIP backpay on the 10th of October.  So even if it's from the latter, when she received payment, that gives until the 7th of November, so 1 week 3 days?

    Does this look correct @poppy123456

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    To be honest, i've never ever heard of this. It's 28 days to request the MR from the date the decision was made, not from when you receive the letter.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    To be honest, i've never ever heard of this. It's 28 days to request the MR from the date the decision was made, not from when you receive the letter.
    So they have to receive it by Wednesday then, as the 28 days are up on Thursday.

    I think it is best to send it next day recorded from tomorrow then.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yup then ring Wednesday to request it and tell them the letter and further evidence is on it's way, then they'll give you extra time. Next day delivery is pointless for sending letters/forms to DWP because they are sighed by someone from royal mail and it doesn't mean they've arrived. It will just mean you'll have proof it's been sent.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • YadnadYadnad Posts: 2,856 Member

    Yup then ring Wednesday to request it and tell them the letter and further evidence is on it's way, then they'll give you extra time. Next day delivery is pointless for sending letters/forms to DWP because they are sighed by someone from royal mail and it doesn't mean they've arrived. It will just mean you'll have proof it's been sent. 

    As a matter of interest have you ever seen the scribble that they use when the DWP sign for a letter? It just looks like one side of a cross with a little curly tail on one end.

    There is no way of proving who actually owns that signature. It could be anybody.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yadnad said:

    Yup then ring Wednesday to request it and tell them the letter and further evidence is on it's way, then they'll give you extra time. Next day delivery is pointless for sending letters/forms to DWP because they are sighed by someone from royal mail and it doesn't mean they've arrived. It will just mean you'll have proof it's been sent. 

    As a matter of interest have you ever seen the scribble that they use when the DWP sign for a letter? It just looks like one side of a cross with a little curly tail on one end.

    There is no way of proving who actually owns that signature. It could be anybody.
    It won't be anyone from DWP that's for sure.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • mikehughescqmikehughescq Member Posts: 6,006 Disability Gamechanger
    I'll try and explain it again. You have to get the MR back to the DWP within 28 days, from receipt of the decision from DWP after assessment. So if the decision letter is dated, for example, 21 October, and you receive it, 25th October, you have 28 days from receipt of letter, 25th October. When you send in the MR, add a note of the DATE that you received the decision. If you are at all worried, telephone them and ask for a 7 to 14 day extension of time, over and above the 28 days. Hope that makes it clearer now. Sorry for any confusion in my last post.
    Nope. This is completely incorrect. The time runs from the date on the letter and not from the date of receipt. Always has done. Enshrined in the case law for many years pre-dating MR. This is because there’s no such thing as MR. There is just an any grounds review (MR) and an any time review. All that happened 5 years ago was that a law change meant you had to do the former before appealing. You’ll find no mention of MR in the law at all. 

    It is equally poor advice to suggest making a call and then posting something. The call is the MR. If you’ve not got all your evidence in front of you for a call then a decision will be made on the back of the call and any subsequent written evidence disregarded.

    It is also throwing good money after bad by sending recorded or special delivery. You’re posting to a privatised mail delivery centre not the DWP. The person who signs will not be from the DWP and could literally be anyone. Proof of receipt means nothing as the post opening is separate to scanning and the post can just as easily be lost after signing and before scanning. Even after scanning it can be attached to the wrong file and lost forever. The better advice is always to simply note what you did and when and keep a copy. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @mikehughescq thanks for that. I knew it was from the date the decision was made and not from when you receive the letter. The reason i suggested to ring DWP after the letter had been posted was to just confirm it was on it's way. @PIPnewbie and his girlfriend haven't left much time for the letter to be received at DWP.

    Likewise to my advice about sending letters for next day delivery, complete waste of time and you may as well burn your money on a fire. Why people insist on doing this i'll never know.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    Thanks for the reply Mike.  So next day delivery is not even good for expedience?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No Mike has already explained the reasons why in his previous comment. Copied below.

    It is also throwing good money after bad by sending recorded or special delivery. You’re posting to a privatised mail delivery centre not the DWP. The person who signs will not be from the DWP and could literally be anyone. Proof of receipt means nothing as the post opening is separate to scanning and the post can just as easily be lost after signing and before scanning. Even after scanning it can be attached to the wrong file and lost forever. The better advice is always to simply note what you did and when and keep a copy. 

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    No Mike has already explained the reasons why in his previous comment. Copied below.

    It is also throwing good money after bad by sending recorded or special delivery. You’re posting to a privatised mail delivery centre not the DWP. The person who signs will not be from the DWP and could literally be anyone. Proof of receipt means nothing as the post opening is separate to scanning and the post can just as easily be lost after signing and before scanning. Even after scanning it can be attached to the wrong file and lost forever. The better advice is always to simply note what you did and when and keep a copy. 

    That mentions only the proof of receipt and says nothing about the speed it gets to the privatised mail centre.

    I'll rephrase; is it better to have your correspondence arrive at this privatised mail centre the next day or possibly in 2 or 3 days?
  • mikehughescqmikehughescq Member Posts: 6,006 Disability Gamechanger
    It makes little difference. 
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    It makes little difference. 
    So as long as the letter for MR is dated before the 28 days it doesn't matter?
  • TardisTardis Member Posts: 214 Pioneering
    First class with (free) proof of posting will get there the next day anyway.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Tardis said:
    First class with (free) proof of posting will get there the next day anyway.
    To the sorting office yes but not to DWP.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • TardisTardis Member Posts: 214 Pioneering
    Of course.  Same as if you paid extra for next day delivery.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yup, exactly.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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