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No Decision Maker's Letter

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6 years 6 months ago #198397 by InfoSeeker251
No Decision Maker's Letter was created by InfoSeeker251
Ok, so I've just had a bit of a strange conversation with a DWP representative, who told me that a decision maker's letter/report does not even exist regarding the Maximus test I underwent earlier this year, and as a result of which I have been put into the WRAG group.

They were fine to send the HPC's report, which they had on their system, but also told me that I shouldn't have expected any letter or report from the decision maker, because I had been put into the WRAG group, not denied ESA altogether. After looking on the system, the DWP employee then insisted that any record of the decision maker's thinking and appraisal was nowhere to be found.

I was calling because I wanted to start the process to appeal the decision, in order to be put into the support group. The DWP sent me a letter to say the amount I had been awarded and what category I had been put in, but no reasons about why.

Is this normal? It doesn't seem logical to me, after all how can you challenge a decision if you don't know how it was arrived at?

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6 years 6 months ago #198403 by Gordon
Replied by Gordon on topic No Decision Maker's Letter
InfoSeeker

Decision Letters for ESA only include the DM's reasons when no award is made, if a WRAG or SG award is made then the Letter only contains details of the award and payments, nor is the assessment report sent as standard and needs to be explicitly requested.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 6 months ago #198405 by InfoSeeker251
Replied by InfoSeeker251 on topic No Decision Maker's Letter
Thanks Gordon that's useful to know.

By "assessment report" do you mean the HPC's report or the one done by the decision maker? If it's the latter, then they told me the didn't have that either.

I forget offhand, the awarding of points is done by the DWP isn't it, not the HPC? Is that correct?

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6 years 6 months ago #198407 by Gordon
Replied by Gordon on topic No Decision Maker's Letter

InfoSeeker251 wrote: Thanks Gordon that's useful to know.

By "assessment report" do you mean the HPC's report or the one done by the decision maker? If it's the latter, then they told me the didn't have that either.

I forget offhand, the awarding of points is done by the DWP isn't it, not the HPC? Is that correct?


There will be an assessment report produced by Maximus that recommends the points you should receive, it's an ESA85 if you had a F2F and ESA85A if you did not, the report is used by the DWP DM to make an award (or not).

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 6 months ago #198408 by InfoSeeker251
Replied by InfoSeeker251 on topic No Decision Maker's Letter
Oh I see, thanks.

Are the number of points you actually get always the same as what the HPC recommends?

Could it happen that the DWP decision maker awards a different number of points than the
HPC, or comes to very different conclusions than what the HPC has recommended in their report?

Also, if you can't see the decision maker's reasoning, how is it possible to challenge the decision, or the faulty assumptions he or she may have made ?

Sorry, lots of questions, just wondering how it works.

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6 years 6 months ago #198410 by Gordon
Replied by Gordon on topic No Decision Maker's Letter
InfoSeeker

The DM usually follows the HCP recommendation but they are not bound by it and we do often see different points being awarded, usually lower but sometimes higher.

There may be an LT54 document that is sometimes completed by the DM with their reasons for the decision otherwise the assessment report is your best bet for understanding how the Decision was made.


Gordon

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