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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Mandatory reconsideration - a new twist?

Rosie W
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Welfare rights service - Northumberland County Council

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Total Posts: 471

Joined: 9 February 2012

Client comes out of hospital in 2012, no-one informs DLA till end of 2013, “can’t backdate because you didn’t tell us within a month”. Mandatory recon requested - decision not changed, 2 copies of MRN correctly supplied, appeal lodged with HMCTS, acknowledged by them within 24 hours and sent to DWP to prepare the bundle.

A week later the claimant gets a letter - “we have changed our decision and will now pay DLA back to the first pay day after you left hospital”. Appeal lapses, correctly, but nothing in that letter about what to do if he wants to challenge that decision, no mention of mandatory reconsideration, appeal, nothing.

Really inspires confidence doesn’t it?

SocSec
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welfare benefits/citizens advice//ashfield

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Total Posts: 277

Joined: 11 July 2013

more twists, my cl fails WCA asks for mandatory recon, signs on in mean time. client gets a scappy letter from DWPto say we have looked at the decisoin but not changed it, shows this to JSA and they say ‘great you can now appeal’ and close JSA claim. client comes to CAB and shows us the ‘mandatory recon decision’ which turns out to be just a decision to look at the claim again NOT a MR outcome. I tel DWP who admit it was never even considered as a MR so client now has no right of appeal and has closed JSA claim.  JSA say she needs to start a new JSA claim and ask again for a MR.  Oh and the letter from DWP tells client to get a GL24 and fill it in.  Jobcentre and DWP staff asking me why I sound frustrated !!! and it was a Decision maker who made the WCA recon decisoin rather than treat it as a mandatory reconsideration even though JSA staff actually helpde cl ask for a MR and specifide the term in the letter to ESA section What new madness to come