Quote:
Originally Posted by Taf
You cannot request a tribunal without first having a mandatory reconsideration result, as tribunals demand the paperwork you get from a MR. And again, it has to be requested within 28 days of the date on the MR letter (which in many cases is taking up to a week to arrive in the post). So only 21 days left to gather the info, write the MR request letter and get it to the DWP.
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A MR wasn't required between 1998 and April 2013. But requesting an
optional reconsideration was allowed, prior to going to appeal. At that time possibly getting matters resolved in a couple of weeks is obviously better than waiting several months for the tribunal hearing to take place.
A key question about this ruling will be. do you get the assessment rate of ESA while waiting for the Tribunal hearing if you are appealing against late MR requests? If not, then it's much better to take the MR route. If you do get the assessment rate for late requests, then it's still better to make an in-time request as explained before.
Late requests have always and still will be, initially considered by the DWP. The question was, "what if the DWP says no". Was the next step appeal to the First Tier Tribunal or was it Judicial Review.
My quotes were from the actual 48 page ruling.