Statement of reasons

Gordon

Your welcome. I thought it might just throw some light onto this thread as many of us just want the paperwork we are entitled to.

ngup67

Mrs Hurtyback wrote:

"Is it legal?"

That is what I am wondering!

Hi Mrs HB,

Is what legal, sorry if I've missed the point but my brain isn't working well at the moment due to MS Fatigue, which is why I've just come online.

Do you mean is it compulsory that all decisions on entitlement to any Social Security Benefit are made by a Decision Maker (DM). If so, then the answer is yes.

DM's adjudicate on entitlement for all applications and renewals for DLA and ESA
which of course are mainly the only benefits we can advise upon.

For DLA sometimes they need to seek medical advice by asking an Atos Health Care Professional (HCP) to examine the claimant since DM's are Civil Servants and not medically qualified, although they are issued with a regularly updated Decision Makers Guide, but as it's name implies it's only a guide, not an authoritative statement of law.

In many cases, information from the claimant's GP and/or Consultant is sufficient for the DM to reach a decision on DLA and in many cases the DM seeks no medical advice, because the claim form has been completed comprehensively., but as you're aware for IB/ESA it's necessary for a HCP.

Hope this is what you meant ? If not, no harm done, as what I've posted may be of use to members.

Hope you had a nice weekend.

Jim

Thank you, Jim, that is exactly what I was wondering having been told that it was not an official Decision Maker who decided my case.

I am wondering whether this gives added weight to my appeal or is cause in itself for a complaint to DWP.

As laid down in statute law, decision makers acting on behalf of the Secretary of State are involved with all decisions whether they be favourable or adverse decisions.

Favourable decisions can be made by all decision makers, whereas adverse decisions cannot usually be made by an officer below the rank of Executive Officer (EO). Although the decision may be drawn up by an Administrative Officer (AO), it must be signed off by an Executive Officer.

Any assertion by the DWP that a DM has not made the outcome decision on entitlement is (legally) incorrect and tantamount to misdirection, as it is clearly misleading information which is being communicated to a claimant. In these circumstances a formal complaint can be made to the DWP, and a claim could also be made for Financial Redress for Maladministration.

As this is an administrative matter and not a legal consideration which would necessarily impact on an outstanding appeal, this would only be a matter for an appeal tribunal if the DWP failed to release details of the outcome decision. This should never happen in practice however, as the DWP are duty bound to include this information in their submission to the tribunal.

Really interesting responses that ellucidate it clearly, however where one asks for a statement of reasons/ descision etc on how one is placed in the group they deem correct (in my case correct), despite 12 phone calls and one written letter I am still waiting for it and have decided not to waste another futile attempt on the phone to get a suitable response or written SOR etc from anyone.
As I have got into the SG for 18 months I shall fight the next fight then.