Mandatory reconsideration times

madmaddden
madmaddden Community member Posts: 37 Connected
in Employment and Support Allowance (ESA)
Hi, six weeks ago I sent back a mandatory reconsideration form by '1st class signed for' as I was not happy about being kept in the wrag after my wca at the beginning of May. I have read on here it can take on average 2-12 weeks so about halfway through the waiting. My MR was a simple one requesting an appeal, short statement on the reasons why I believe I should be in the Support group and I sent back zero new extra information, I did not put down a phone number. Basically I just want a mandatory reconsideration notice so I can proceed with an appeal. I thought they were much quicker on these type of cut and dried MR notice requests? Obviously I'm not expecting an actual revision of the original decision through this mandatory reconsideration - although I would take it if they did! I'm just asking is this wait normal and at what point would I have to ring them up and chase it up. Thanks.
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Comments

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    The waiting times are normal and still between 2-12 weeks. Bearing in mind that this is from when they receive your letter and sending first class signed for doesn't mean they received it the following day.
    It would have been signed for by someone from Royal mail sorting office and it's not classed as arriving with DWP until it's been added to the computer and it often takes a few weeks for this to happen.
    Once a decisions been made you will received the letter.
  • calcotti
    calcotti Community member Posts: 10,005 Championing
    The fact you indicated you want to go to a tribunal doesn't mean your MR will be treated any differently to anybody else's. A DM will still look at and review your case.
  • madmaddden
    madmaddden Community member Posts: 37 Connected
    Thank you to you both.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,925 Championing
    You are welcome @madmaddden. It is the very least you deserve. I am glad we were able to help you. Please don't hesitate to let us know if we can do anything else to support you  :)
  • madmaddden
    madmaddden Community member Posts: 37 Connected
    Just an update, well a non-update really for those who want an example of how quickly they are doing some mandatory reconsiderations at the moment, early this coming week I will have reached waiting week no.11 and still no MR notice that I need so I can proceed to an appeal. Frustrating!
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,611 Championing
    madmaddden said:
    Just an update, well a non-update really for those who want an example of how quickly they are doing some mandatory reconsiderations at the moment, early this coming week I will have reached waiting week no.11 and still no MR notice that I need so I can proceed to an appeal. Frustrating!
    Thanks for getting back in touch with an update, all be it its a shame that it isn't positive news. You must be very frustrated by it all indeed?
  • madmaddden
    madmaddden Community member Posts: 37 Connected
    I've just had another look at the pdf that I have stored on my computer of the CRMR1 form I sent them on 23rd May which they received the next day, it says 'We will send you a text message or letter to tell you we have received your form'. I did not give them a phone number and I have never received any letter, is that just jibber-jabber in that they never send a letter acknowledging receipt of a mandatory reconsideration or should they have sent me one and that it is a concern they have not?
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    They don't always acknowledge receipt of the MR letter. Sometimes they may send a text message if they have a mobilie number for you but never heard of them sending a letter saying they've received it.
  • madmaddden
    madmaddden Community member Posts: 37 Connected
    Week 13 now and still not a jot. It's agonising waiting for the postman every day and he either walks past or delivers something else. I hate the idea of ringing them as I'm awful on the phone, I have a stammer and in any case I always state I don't have a phone, but I think I may be getting closer to HAVING to ring them. Has anyone on here ever waited for 15 or even 20 weeks for their MR notice?

    By the way if I do ring them in the next week or two and they claim they have no MR form from me what do I do? I have a pdf stored on my computer of the CRMR1 form I filled in dated 20/05/22, I have the Post Office receipt from 23/05/22 and a printout of the Royal Mail tracking signature they signed the next day on 24/05/22 - all that within a week of the decision letter to keep me in the WRAG. Can they just ignore all this and declare my MR 'dead' as they have lost it, it's three months on and time has ran out?
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    We have had members here that have waited longer than 12 weeks for the MR decision. The timescale is just a guide and nothing more.
    If you ring and they tell you they haven't received it then don't worry because you actually have 13 months to request the MR (with good reason for being outside the 1 month) this would be good reason.
    The Royal Mail tracking is not evidence that it's been received with DWP because it will have been signed for by someone from Royal Mail sorting office and would be somewhere in the RM building at that time. A complete waste of money sending anything this way to DWP. Free proof of posting is all that's needed. The receipt is proof you posted it but nothing more.
    As you have a PDF stored onto your computer then you can simply print another copy and send that, if the worst has happened and the first one went AWOL.
  • madmaddden
    madmaddden Community member Posts: 37 Connected
    Thank you Poppy. I have just finished a phone call to them. They have got the mandatory reconsideration and received it on 30th May a week after I sent it so at least they have got it. That is all I wanted to know really that they had not lost it and it is 'in the system' as it were. So in my case it is over 13 weeks since I sent the form and counting, I asked how long to go and she said there are backlogs and she could not give a timescale. I will report back on any updates.
  • Tori_Scope
    Tori_Scope Scope Posts: 12,443 Championing
    I hope that's reassured you a bit @madmaddden :) Yes, please do keep us updated!
  • Sue_Alumni
    Sue_Alumni Scope alumni Posts: 484 Empowering
    This must be very frustrating and stressful.  Unfortunately whilst a claimant should submit their request for a mandatory reconsideration within 1 month of the DWP's initial decision there is no such requirement on the DWP to respond in any specific timescale.  In these circumstances Turn2Us suggest you make a complaint about the delay to the DWP  and also contact your MP.  If that doesn't achieve anything perhaps contact your local citizens advice to see if they can escalate matters on your behalf. 
  • madmaddden
    madmaddden Community member Posts: 37 Connected
    Sue_Scope said:
    This must be very frustrating and stressful.  Unfortunately whilst a claimant should submit their request for a mandatory reconsideration within 1 month of the DWP's initial decision there is no such requirement on the DWP to respond in any specific timescale.  In these circumstances Turn2Us suggest you make a complaint about the delay to the DWP  and also contact your MP.  If that doesn't achieve anything perhaps contact your local citizens advice to see if they can escalate matters on your behalf. 
    Thank you. In the phone call I was more focused on whether they actually had my mandatory reconsideration rather than length of time because I read a post on here from someone whose MR was 'lost' by the DWP and was worried the same had happened to mine. You're right though, a response from them of 'there are backlogs and there is no timescale' is a response I would expect if i'd have rang them much earlier at the back end of May or in June not after 13 weeks. I suppose my MR notice must be very imminent now surely? If not I will definately ring them in a couple of weeks because 15-16 weeks or more is not something I've read is the normal length of time. In fact on .gov website they boast of how quickly they get through MR decisions - presumably after they first look at them (which can be weeks) boasting of an 8-15 day average turnaround. Really find it difficult to believe they have not even looked at my MR yet.
  • madmaddden
    madmaddden Community member Posts: 37 Connected
    Approaching 15 weeks wait. I got a call from a 'Private Number' yesterday afternoon on a phone number only two people - my sister and brother know about, my bank and now the DWP which I only gave it to in my call to them only 10 days ago (I said it was my brothers phone). According to the DWP from 20/05/20 they only call people on 0800 023 2635 and ask people to answer to that number and not others, so am I safe to assume the call can't be them?
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    I know PIP ring from 0800 numbers but no idea about ESA because its many years since I’ve had a phone call from them.
  • madmaddden
    madmaddden Community member Posts: 37 Connected
    Finally got the MR notice this morning, exactly 15 weeks to the day they received the request from me. No change as expected but at least I can get an appeal started.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,925 Championing
    That sounds frustrating @madmadden. How are you feeling at the moment about starting an appeal?

    If we can do anything to support you please don't hesitate to let us know. We are all here for you  :)
  • madmaddden
    madmaddden Community member Posts: 37 Connected
    I got my appeal started online and was waiting for appeal bundles etc. The DWP were supposed to respond to the appeal by October 11th but I had not heard anything. I get this email this afternoon 'DWP has told us they changed their decision about your entitlement to ESA in your favour. We’ve therefore closed this appeal'. I am delighted and now seemingly back in the SG after 4 and a half years in WRAG.
    I checked my bank account (for another reason) and have found they have immediately paid me over £600 of backdated money (the difference between WRAG vs SG+EDP) which seems to be backdated to the WCA decision in May. Great, but it was a worsening condition that I reported to them in the very first place when I wrote to them way back in March 2021 and in which they sent an ESA50 form out to me in June 2021 (Dates they have also referred to in their earlier Mandatory Reconsideration letter to me). Is there a further amount due to me but this time may take a few weeks or will I have to chase this up and fight for it? Thanks in advance.
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    Good news. You should receive a letter soon with full details of the money they owe you. If you’re not happy then you will need to ring ESA.

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