mandatory reassessment

I am probably lost a bit using a computer but thought i had suddenly realised I could go into profile and email but having done that my email does not seem to have registered so I must have done something wrong .Technology! Well not technology it will be me.I will try again

am i doing something wrong on computer or what .i do not know.i asked about statement of reasons and what they looked like and what was in it several hours ago and no answer.I am tired.If you cannot answere then ok or if i have missed your answer because i do not know how to navigate site because I came into profile section then maybe you could help me with that.Thank you

wendy wrote: Hi,to get on to my last email I have been going through all the pages - and just noticed profiles so I could have always just clicked on there instead of scrolling through to find my last email - what a numpty I am.Anyway.what does a statement of reasons look like and what exactly does it contain.We have the HP assessment report for my son and not sure if that is the statement of reasons also.We saw a welfare rights worker and she made phone call to say we wanted MR.I told her I had read about asking for statement of reasons and it could give you 14 more days to put in MR but she did not seem to know what statement of reasons was/Thank you

Hi w,

A Statement of Reasons is only produced by an ESA DM in the case of a fit for work decision.

It should be a letter from The DWP DM explaining how and why the fit for work decision was arrived at and how and where any points that were awarded were given.

An ESA85 or an ESA85A Medical Report is produced by The Maximus ESA Assessor, and includes recommendations.

The ESA DM will refer to The ESA85 or ESA85A and all other available evidence when coming to their decision.

As a face to face took place, it will have been an ESA85, see :

ESA medical – what forms to ask for?

There should also be an LT54 Form, which may contain useful information.

A description of an LT54 can be found at the bottom of this list :

ESA Forms

To cover all bases, you could make a Subject Access Request (SAR) for "All" documentation used in coming to the fit for work decision.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Any SAR should be sent as a totally separate issue in a separate envelope to your MR request.

You have one month from the date of the adverse ESA Decision Notice letter to request an MR in writing.

See : ESA MR/Appeals Guidance

&


Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

You should not miss your one month deadline even if any documentation that you have requested has not arrived.

Simply include a note with The MR request letter stating that you have requested documentation and will forward any fresh evidence as a result of the requested documentation once you have it.

Sending Documents to the DWP, ATOS, Capita or Maximus.

bro58

wendy wrote: am i doing something wrong on computer or what .i do not know.i asked about statement of reasons and what they looked like and what was in it several hours ago and no answer.I am tired.If you cannot answere then ok or if i have missed your answer because i do not know how to navigate site because I came into profile section then maybe you could help me with that.Thank you

Hi w,

The reason that your posts are not showing up straight away is that all posts have to be read and approved by a Mod first before they show up on the forum.

Therefore, there will always be a variable time delay between you posting and your post showing on the forum.

As you posted outside "normal opening hours" as seen in : This Topic which is always near the top of the forum, and as Mods are volunteers who cannot possibly be on-line 24/7, this is why your posts did not show on the forum straight away.

bro58

ok thank you.Will need to study your reply and check out your references before I can totally understand it all but many thanks for such a full reply.Will definitely help.Night night.