Asking for an MR for ESA without having had F2F

Dee

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

The most important thing is to make a request for a Mandatory Reconsideration within one month of the Decision that placed him in the WRAG or he may lose his right of appeal, yo may need to do this without sight of the documents from his claim.

You should be able to request a copy of his ESA50 and although he did not have an assessment there will still be a report. Contact the DWP office dealing with his claim, you may not be able to act on his behalf unless you are his legal appointee, so if you phone then it will have to be done in his presence.

To be placed in the Support Group he will have to meet specific criteria, have a look at ESA Claim guides for this information, the ESA section also has a guide to making an MR and Appeal and also has template letters that you can use.

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have further questions then please reply to this post and we will do our best to help.

Gordon

Dee wrote: Thank you for your reply Gordon.

I contacted the DWP in my brothers presence and asked for copies of any reports but I was told there wasn't one and I must admit I didn't realise and I guess they're not going to tell me that I can request a copy of the original form.

I have just had help for my brother with his PIP Appeal from the Kent Autistic Trust but obviously can't monopolise they're time with both claims but the advisor there said my brother had clearly been placed in the wrong group.

But I will look at the link, thank you

There must be an assessment report unless they made they made their Decision using his IB evidence, but even then this information should be on file and requestable. As it was a transfer then there should also be an LT54 completed by the Decision Maker on how they make their Decision.

You can try ringing again and asking for a copy of the documents used in the making of the Decision or you can make a Subject Access Request for them, the latter is likely to take more time but is also more likely to produce the information you need.

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Gordon