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No Decision Maker's Letter
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6 years 6 months ago #198673 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No Decision Maker's Letter
InfoSeeker
You are entitled to request a Statement of Reasons from the Decision Maker but I have to warn that in the seven years I have been Moderating on B&W I have only seen a SoR produced on a handful of occasions. The DWP are not required to produced the documents if they believe that the information that it contains has already been provided to the claimant, albeit in another format, for example; the assessment report.
I wouldn't bother looking at other avenues, such as harassment, I would be surprised in the extreme if you had a case and doing so would undoubtedly be very expensive.
Gordon
You are entitled to request a Statement of Reasons from the Decision Maker but I have to warn that in the seven years I have been Moderating on B&W I have only seen a SoR produced on a handful of occasions. The DWP are not required to produced the documents if they believe that the information that it contains has already been provided to the claimant, albeit in another format, for example; the assessment report.
I wouldn't bother looking at other avenues, such as harassment, I would be surprised in the extreme if you had a case and doing so would undoubtedly be very expensive.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 6 months ago #198681 by InfoSeeker251
Replied by InfoSeeker251 on topic No Decision Maker's Letter
Thanks Gordon. That's interesting, why do you believe, with all your experience of these things, that I would be unlikely to have a case? At first glance, what has happened looks to fit the above criteria very well. What is more, when I was going through the trouble with the WRAG group last year, I set out, in a series of letters, with recorded delivery, the trauma that the WRA requirements had been putting me through. As I said, I also described this very clearly at the WCA, which as I've mentioned is also now on record with the audio disc recording. If I won such a case surely I would be compensated, so might this not all be strong evidence, at least to make the DWP think twice about the situation if nothing else ?
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6 years 6 months ago #198687 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No Decision Maker's Letter
InfoSeeker
Since ESA was introduced in 2008 the DWP have carried out millions of assessments and reassessments and I don't know of a single example where a claim for harassment has been successful, If there had been one then it would certainly have been publicised, people would be using it as a template to bring their own cases, even the forums frequented by Welfare Advisors make no such reference.
Gordon
Since ESA was introduced in 2008 the DWP have carried out millions of assessments and reassessments and I don't know of a single example where a claim for harassment has been successful, If there had been one then it would certainly have been publicised, people would be using it as a template to bring their own cases, even the forums frequented by Welfare Advisors make no such reference.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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