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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Mandatory reconsideration problem

PeteS
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Financial inclusion - NPT Homes, Neath

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Total Posts: 17

Joined: 10 October 2013

A colleague of mine has put in a request for a mandatory reconsideration for a client who has failed the WCA. She received a phone call today from the DWP saying they will not reconsider until she provides a detailed explanation of why the decision is wrong and what points should have been awarded.
I was under the impression that a reconsideration could be requested just based on the grounds that the decision appears to be incorrect. Is there any need for detailed reasons at this stage and can the DWP refuse to reconsider if we don’t provide them?

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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No, they can refuse to consider in her favour but they can’t refuse to consider at all.

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Assuming the request was not made out of time (?) I would guess they meant that they would not revise in clt’s favour unless further evidence submitted.

If this is the case, in order to expedite the process I would certainly recommend getting further evidence to them asap or informing them that no further evidence will be submitted and asking them to make a decision based on what they already have.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Is this a further example of DWP trying to get the number of appeals down I wonder?

PeteS
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Financial inclusion - NPT Homes, Neath

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Total Posts: 17

Joined: 10 October 2013

Thanks everyone. I’m all for reducing the number of appeals but I hope it doesn’t lead to a lengthy delay in getting the MR notice so that we can appeal.