No Statement of Reasons or Mandatory Reconsideration

I can only state what I was advised to ask for.

When I telephoned to ask for a Mandatory Reconsideration, I also asked for a copy of the decision makers Reasons

i can request a statement of reasons for my being removed from Support Group to WRAG Group. That was after an assesement, how do I know what to make an appeal for if I do not know what I was marked down on?

It might make no sense to you, but I don’t know the process.

I also do not like the patronising tone of your response, do you often write condescending comments on peoples posts? people who are seeking help from you! 

I suffer from PTSD, a protected characteristic under the Disability Act and comments such as yours are a trigger for me.

How long do I have to ask for a mandatory reconsideration?

You must do ask for a mandatory reconsideration within the time limit of one calendar month. If you have asked for a written statement of reasons for the decision the deadline may be extended. “Care to explain that?”

If you miss this deadline you will need to give reasons for why your request is late and it will then be up to a decision maker to decide whether to extend the deadline.

The decision maker has the power to extend the deadline by up to 12 months.

There is no right of appeal against a decision not to extend the deadline, however. The only slim hope would be to try to have the decision judicially reviewed.

From Benefits and Work.

Username_removed said:

Oh dear. Please take a deep breath and a step back @PTSDdisabled. Telling people they’re patronising and then heaping a whole pile of personal insults is not the way this forum conducts itself and it won’t help you get the help you now urgently need. Your PTSD must be awful but it is no excuse for personal insults.

@poppy123456 is 100% correct. A statement of reasons is what you ask for after a tribunal hearing. However, what you’re talking about is asking for an explanation of your original decision. That adds a couple of extra weeks onto the 4 you get to do an MR but that’s all it does.

However, the reasons you have asked for are computer generated and would pretty much tell you nothing. You’re now a year down the line and you need to act urgently or the matter is at an end. This is because you’re well outside the 1 month time limit and there is an absolute time-limit of 13 months. Based on your post you have less than 4 weeks to act. Possibly a lot less. If you don’t then the matter is over. 

Forget MPs, maladministration etc. Lodge a new MR. Do it in writing and keep a copy. Don’t send it by recorded or special delivery. There’s no point. You’re posting mail to a privately run mail collection centre. It could literally be signed for by anyone and still not make it to DWP  Do also send a copy to correspondence@dwp.gsi.gov.uk. When you do your MR include copies of your previous MRs (you have kept copies haven’t you) and refer to them. You don’t and never did need the reasons letter to do this. You just need the suppprt group criteria; to know which one you meet and to then be able to detail your evidence in support of that. This is the only realistic option you now have to get this back on track.

The 4th paragraph quoted from the B&W site is incorrect by the way. The link below takes you to the decision a year ago which made it clear there absolutely is a right of appeal against a refusal to do a late MR. It’s not just B&W which haven’t corrected this. DWP are still misleading people about it.

You don’t appear to have had any refusal of a late MR so appeal is not an option to you. Maladministration is also not an option as you would need to have exhausted the complaint process. A new MR as described looks like the only way to rescue this to me. 

https://assets.publishing.service.gov.uk/media/5bb61f8040f0b64a3f97a671/_2018__AACR_5ws.pdf

Finally it’s worth noting that PTSD is not a protected characteristic under the Equality Act 2010. Disability is the protected characteristic and that is only established by having a condition likely to exceed 12 months and which causes a substantial disadvantage. Some PTSD meets neither of those so it’s not an automatic thing at all. Not relevant to this discussion but worth mentioning in case you believe the impacts of your PTSD should be taken as a given.