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Obtaining documents prior to MR (reconsideration)

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6 years 5 months ago #198946 by Bertie
Following advice on this forum I tried to obtain the ESA85, Statement of reasons and LT54 form by writing to ESA. However, they did not send them so I rang a few days ago. What I received in the post a few days later was a letter which states "the decision about your claim" and goes on to explain the reasoning of the decision maker. This has the letters "BF31 (DMACR)" at the bottom left of the pages. I presume this is the statement of reasons.

I am concerned that the ESA85 and LT54 were not sent despite this being made clear to the person who answered the call that these forms were also required prior to submitting the mandatory reconsideration.

Has anyone experienced a reluctance from the DWP to send these documents? I can ring back and ask again, but is there a better way of proceeding to obtain the ESA85 and LT54?They have now failed twice to provide these documents.

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6 years 5 months ago #198982 by Gordon
Bertie

There may not be an LT54, Decision Makers seem to have some discretion over when this is completed, as to the ESA85, there should be no problem obtaining this once a Decision on the claim has been made.

AS far as I can find out documents labelled as "DMACR" are to do with Mandatory Reconsiderations.

Gordon

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

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6 years 5 months ago #199492 by Bertie
Is there also a document called an ESA65 or is that an old document? I had to go to Google today after I rang ESA yesterday. It seems I spoke to an opportunist who was trying to deter and confuse me. This guy first of all told me that the ESA85 and the statement of reasons were the same thing. Then when I described what I wanted he told me "we wouldn't send that out". I suspect I'm being given the runaround here.

From google it seems the ESA85 is definitely some kind of medical report. I was told it wasn't and is the same thing as the statement of reasons. It seems they are trying for some reason to avoid handing over documents. I guess this is either how they behave generally or may be specific to the case I am dealing with.

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6 years 5 months ago #199504 by Gordon
Bertie

The ESA65 is sometimes referred to as the DM's Statement of Reasons, however, it is only produced when no award is made, not when there is a WRAG or SG award.

The ESA85 is the assessment report produced by Maximus, it is not the DM's SoR, however, as most DMs follow the recommendation in the ESA85, it may be as close to one as you will get. There should be no problem with you requesting this document.

The DWP are not required to produced a specific SoR document if they believe, irrelevant of whether the claimant agrees, that the information has already been supplied in some other form.

Gordon

Gordon

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

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