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8 years 9 months ago #137540 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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JC
Forgive me but I am still confused by your previous posts.
At one stage you say that the request for Supersession was refused
but you also post that you have been told that a Decision is being reviewed
Can you confirm which Decision is being reviewed, the supersession or the original Decision.
This is important because if it is the original Decision then none of the problems that your son has had since then will be considered and it is likely that the WRAG placement will remain unchanged.
If it is the supersession then I would expect an ESA50 to be issued and a face to face assessment to be required in order for the DWP to properly understand whether then has been a change in his condition, which as I understand it has not happened..
Gordon
Forgive me but I am still confused by your previous posts.
At one stage you say that the request for Supersession was refused
The letter for request of supercession was refused
but you also post that you have been told that a Decision is being reviewed
the letter was accepted by the Customer Service Business Manager and the letter was passed to the Specialist Decision Making team who were requested to carry out an anytime review of the decision of the 16 May 2014. they say if the decision does not go in Andrews favour a MR
Can you confirm which Decision is being reviewed, the supersession or the original Decision.
This is important because if it is the original Decision then none of the problems that your son has had since then will be considered and it is likely that the WRAG placement will remain unchanged.
If it is the supersession then I would expect an ESA50 to be issued and a face to face assessment to be required in order for the DWP to properly understand whether then has been a change in his condition, which as I understand it has not happened..
Gordon
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8 years 8 months ago #138446 by june cunningham
Replied by june cunningham on topic support group
I think that they have based everything they say on the original decision to place him in WRAG but we did ask for supercession and new forms were not issued. we have asked them to look at the decision again and why we were not sent new forms. he is still deteriorating and he is shaking badly which we noticed on his visit to us this week. we have also received correspondence from his consultant who has asked us to supply a report of how he is doing.
He is still on the hospital waiting list because they need to do some more assessments over a weeks stay in hospital, but the last appointment was cancelled due to a bed shortage. We are taking him and his young son on a trip to York next week so I will be able to observe him over a longer period of time I hope this explains the situation.
June
He is still on the hospital waiting list because they need to do some more assessments over a weeks stay in hospital, but the last appointment was cancelled due to a bed shortage. We are taking him and his young son on a trip to York next week so I will be able to observe him over a longer period of time I hope this explains the situation.
June
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8 years 8 months ago #138471 by Gordon
In an earlier post your wrote
This would be consistent with no ESA50 being issued, so your first task is to show that there has been a changed since the Decision that placed him in the WRAG. Has his GP or other doctors written anything that supports a significant deterioration in his conditions? If not then you are going to struggle to progress this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic support group
june cunningham wrote: I think that they have based everything they say on the original decision to place him in WRAG but we did ask for supercession and new forms were not issued. we have asked them to look at the decision again and why we were not sent new forms. he is still deteriorating and he is shaking badly which we noticed on his visit to us this week. we have also received correspondence from his consultant who has asked us to supply a report of how he is doing.
He is still on the hospital waiting list because they need to do some more assessments over a weeks stay in hospital, but the last appointment was cancelled due to a bed shortage. We are taking him and his young son on a trip to York next week so I will be able to observe him over a longer period of time I hope this explains the situation.
June
In an earlier post your wrote
The letter for request of supercession was refused after consideration of the letter from the Consultant and the view of the depts. Healthcare Professional, stating that in their opinion there is insufficient evidence that his health has deteriorated.
This would be consistent with no ESA50 being issued, so your first task is to show that there has been a changed since the Decision that placed him in the WRAG. Has his GP or other doctors written anything that supports a significant deterioration in his conditions? If not then you are going to struggle to progress this.
Gordon
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8 years 8 months ago #138718 by june cunningham
Replied by june cunningham on topic support group
yes, we have just received more correspondence from his consultant regarding his cancelled appointment which was for a weeks stay for further tests and apologies from the hospital regarding them not giving another date for a further appointment for his reassessments on his deteriorating condition. and replacing him back on the waiting list
Whilst he has been with us this week we have also noticed he is trembling and shaking a lot as well as his moods deteriorating into very bad temper and becoming abusive and aggressive . His mood swings are bad and he still is very depressed. He is here with his son who usually lives with his mother ( a 5 year old) and it was very bad for him to see his dad like this.
Is it possible to ask for supercession ( or what do we do) in view of the correspondence just received, I am very confused because I do not understand what the dwp mean regarding our latest requests ,and why we did not receive a further set of forms when I think we have shown changes in his condition to them within the original corrospondence to them.
My husband will be taking my sonand grandson home to London on Friday.
Does this make the situation any clearer? I am sorry if I have confused you but my husband and myself are in a constant state of worry and we are not getting any younger.
June
Whilst he has been with us this week we have also noticed he is trembling and shaking a lot as well as his moods deteriorating into very bad temper and becoming abusive and aggressive . His mood swings are bad and he still is very depressed. He is here with his son who usually lives with his mother ( a 5 year old) and it was very bad for him to see his dad like this.
Is it possible to ask for supercession ( or what do we do) in view of the correspondence just received, I am very confused because I do not understand what the dwp mean regarding our latest requests ,and why we did not receive a further set of forms when I think we have shown changes in his condition to them within the original corrospondence to them.
My husband will be taking my sonand grandson home to London on Friday.
Does this make the situation any clearer? I am sorry if I have confused you but my husband and myself are in a constant state of worry and we are not getting any younger.
June
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8 years 8 months ago #138733 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic support group
JC
Can we take a check point of where you are.
Your son is in the WRAG and has been for some time. He is struggling to meet the requirements being placed on him by his JC+ advisor.
You wrote to the DWP asking for him to be re-assessed for the Support Group, this was rejected by DWP as you are not his appointee and do no have authority to act on his behalf.
After further correspondence the DWP have agreed to look at his situation but based on the information supplied they have decided that there has been no documented deterioration in conditions or not one sufficient to result in his being placed in the SG and as a result they have stopped the re-assessment and no ESA50 was issued.
Your son remains in the WRAG.
Is this correct and where we are at the moment?
Gordon
Can we take a check point of where you are.
Your son is in the WRAG and has been for some time. He is struggling to meet the requirements being placed on him by his JC+ advisor.
You wrote to the DWP asking for him to be re-assessed for the Support Group, this was rejected by DWP as you are not his appointee and do no have authority to act on his behalf.
After further correspondence the DWP have agreed to look at his situation but based on the information supplied they have decided that there has been no documented deterioration in conditions or not one sufficient to result in his being placed in the SG and as a result they have stopped the re-assessment and no ESA50 was issued.
Your son remains in the WRAG.
Is this correct and where we are at the moment?
Gordon
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8 years 8 months ago #138752 by june cunningham
Replied by june cunningham on topic support group
Gordon
son has been in WRAG since April 2013 after transfer from Income Support he was ill whilst at university and has never been able to work in the recognised way although he can and does do some computer work from home for a few hours for the local climbing club where he is having his son taught to climb .He is struggling because of his health to meet the requirements of the WRAG as he does in all areas of his life including with his son, but tries so hard.
para 2
It was rejected ,but not because we are not his appointees ,. everything sent is authorised and signed by Andrew.
para3
they have decided on the basis of the letter and one supplied by his consultant dated 28 Jan 2015.
We would have included further info on the ESA50 and did not realise that the letters would be used as the evidence. As he has to go into hospital for a week for further testing and assessment (which was cancelled on the day due to a bed shortage) we would think this would have been the evidence as the consultant would not do this without evidence of deterioration.
We have also just received a letter of apology from both the hospital and consultant regarding the delay in the follow up of the cancellation .of the hospital appointment.l It was decided by their Healthcare professional that there was insufficient evidence and we were advised that if we thought the decision to be wrong to get in touch which was done with a recorded delivery letter to them asking for a written statement of the reasons for the decision,( with to date no response), sent in immediate response to their decision letter.
JC
son has been in WRAG since April 2013 after transfer from Income Support he was ill whilst at university and has never been able to work in the recognised way although he can and does do some computer work from home for a few hours for the local climbing club where he is having his son taught to climb .He is struggling because of his health to meet the requirements of the WRAG as he does in all areas of his life including with his son, but tries so hard.
para 2
It was rejected ,but not because we are not his appointees ,. everything sent is authorised and signed by Andrew.
para3
they have decided on the basis of the letter and one supplied by his consultant dated 28 Jan 2015.
We would have included further info on the ESA50 and did not realise that the letters would be used as the evidence. As he has to go into hospital for a week for further testing and assessment (which was cancelled on the day due to a bed shortage) we would think this would have been the evidence as the consultant would not do this without evidence of deterioration.
We have also just received a letter of apology from both the hospital and consultant regarding the delay in the follow up of the cancellation .of the hospital appointment.l It was decided by their Healthcare professional that there was insufficient evidence and we were advised that if we thought the decision to be wrong to get in touch which was done with a recorded delivery letter to them asking for a written statement of the reasons for the decision,( with to date no response), sent in immediate response to their decision letter.
JC
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