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Mandatory Reconsideration, or Supersession
- SusanH
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10 years 6 months ago #126528 by SusanH
Replied by SusanH on topic Mandatory Reconsideration, or Supersession
Thank you Gordon, I'll keep you posted.
Susan
Susan
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10 years 6 months ago #126537 by SusanH
Replied by SusanH on topic Mandatory Reconsideration, or Supersession
Dear Gordon.
I based the letter below on the template, can you reassure me I've worded it correctly for requesting entry to Support Group from the WRAG.
Thank you
Susan.
Name
DOB
NINO
Date
Dear Sir/Madam
MANDATORY RECONSIDERATION REQUEST
I request that you reconsider your decision, dated 00 Xember 2014, finding me capable of work Related Activity.
I consider that I provided enough evidence for a finding to be made that I do have limited capability for work-related activity.
I do not consider that the decision maker took full account of the severity of my condition, or of the way that it affects my everyday activities and bodily functions.
I do not have any further evidence to add at this stage.
Important note: should I wish to withdraw this request I will only do so in writing. Under no circumstances will I withdraw this request verbally. If you speak to me on the telephone about this matter, nothing I say should be construed as a withdrawal unless and until it is confirmed in writing.
Yours faithfully. X
I based the letter below on the template, can you reassure me I've worded it correctly for requesting entry to Support Group from the WRAG.
Thank you
Susan.
Name
DOB
NINO
Date
Dear Sir/Madam
MANDATORY RECONSIDERATION REQUEST
I request that you reconsider your decision, dated 00 Xember 2014, finding me capable of work Related Activity.
I consider that I provided enough evidence for a finding to be made that I do have limited capability for work-related activity.
I do not consider that the decision maker took full account of the severity of my condition, or of the way that it affects my everyday activities and bodily functions.
I do not have any further evidence to add at this stage.
Important note: should I wish to withdraw this request I will only do so in writing. Under no circumstances will I withdraw this request verbally. If you speak to me on the telephone about this matter, nothing I say should be construed as a withdrawal unless and until it is confirmed in writing.
Yours faithfully. X
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10 years 6 months ago #126539 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration, or Supersession
Susan
If you use this letter as is then you are telling the DM that you will not be submitting evidence during the MR phase, whilst this will likely speed the time it takes for the DM to review your case and make a new Decision, it does lessen the chances of them overturning the Decision at this time.
If this is what you want then it is fine to go, with the missing information added.
If you do want to submit evidence then you need to use the alternative version of the letter. Submitting evidence will improve the chances of the DM overturning the Decision, we do not have up to date statistics for this but they are significantly higher than they were prior to the introduction of MRs, however, doing so will extend the time for the MR to be completed by at least four weeks.
Gordon
If you use this letter as is then you are telling the DM that you will not be submitting evidence during the MR phase, whilst this will likely speed the time it takes for the DM to review your case and make a new Decision, it does lessen the chances of them overturning the Decision at this time.
If this is what you want then it is fine to go, with the missing information added.
If you do want to submit evidence then you need to use the alternative version of the letter. Submitting evidence will improve the chances of the DM overturning the Decision, we do not have up to date statistics for this but they are significantly higher than they were prior to the introduction of MRs, however, doing so will extend the time for the MR to be completed by at least four weeks.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 6 months ago #126543 by SusanH
Replied by SusanH on topic Mandatory Reconsideration, or Supersession
I seem to remember there was a way of saying "I want to request this" but haven't got evidence at the moment. Was that just for the older method, of going straight for appeal, pre October 2013?
If I use the " I wish to add the following evidence . . ." paragraph, what would happen if I wasn't able to produce any?
The CAB adviser has written to my GP, and he knows to expect a letter. I think he, the GP, will be supportive but may just write the "my patient isn't fit for work" type letter. Many GPs do, they mean well, but it dosen't help.
To be honest, I don't really think the DM looked at my evidence the 1st time around.
Susan.
If I use the " I wish to add the following evidence . . ." paragraph, what would happen if I wasn't able to produce any?
The CAB adviser has written to my GP, and he knows to expect a letter. I think he, the GP, will be supportive but may just write the "my patient isn't fit for work" type letter. Many GPs do, they mean well, but it dosen't help.

To be honest, I don't really think the DM looked at my evidence the 1st time around.

Susan.
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10 years 6 months ago #126546 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration, or Supersession
Susan
If you don't say you are sending in any evidence then the DM will review your existing evidence and your ESA50 at the earliest opportunity, this could be immediately (in relative terms) or many weeks.
If you say that you are sending in new evidence then they should allow you at least four weeks to do this, in practice it may be longer, if you don't send anything in then once the four weeks have elapsed then they will continue with the process even if you have not sent anything in.
If your GP is prepared to provide you with support then it would be worth your while explaining to them how the ESA Descriptors work so that they can provide a more personalised response to the CAB request.
Gordon
If you don't say you are sending in any evidence then the DM will review your existing evidence and your ESA50 at the earliest opportunity, this could be immediately (in relative terms) or many weeks.
If you say that you are sending in new evidence then they should allow you at least four weeks to do this, in practice it may be longer, if you don't send anything in then once the four weeks have elapsed then they will continue with the process even if you have not sent anything in.
If your GP is prepared to provide you with support then it would be worth your while explaining to them how the ESA Descriptors work so that they can provide a more personalised response to the CAB request.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 6 months ago #126547 by SusanH
Replied by SusanH on topic Mandatory Reconsideration, or Supersession
Thank you for your, as ever, invaluable advice. 
Susan.

Susan.
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