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Reasonable time for reconsideration decisions
Does anyone know where I can find regs/cases/info on ” what is a reasonable time ” in terms of how long dwp are taking to make reconsideration decisions for ESA appeals?
Many thanks
Stu.
There are no regs and writers on jurisprudence have been trying for centuries to define reasonableness, once and for all. The general consensus is that what is reasonable depends on all the facts and circumstances of the case. For DLA the DWP guidance is about three months. I don’t know what it is for ESA recons’ because we, usually, only do appeals. Certainly, if no decision after three months I’d be considering a complaint. There is probably some case law on this somewhere which might take you further forward but, personally, I don’t think it is strictly necessary on this point.