× Members

Can i still request a statement of reasons?

  • Jox
  • Topic Author
12 years 9 months ago #59406 by Jox
I didn't get one when the dwp refused dla claim last September and i have lodged an appeal sicne then and have been waiting around 8 months.

when i got the big pack of appeal papers the DWP give their reason for their decision but i dont think its a statement of reasons it literally just says "medical evidence shows they do need meet the criteria etc"

Its been 8 months now but can i still get a statement of reasons from the dwp? im just interested to see the full details of how they justify their decision.

Please Log in or Create an account to join the conversation.

  • Jox
  • Topic Author
12 years 9 months ago #59409 by Jox
actually i have just found photocopy of a letter i wrote in sept 2010 requesting a statement of reasons and i have not revived one

Please Log in or Create an account to join the conversation.

More
12 years 9 months ago #59411 by Crazydiamond
Replied by Crazydiamond on topic Re:Can i still request a statement of reasons?
As you have lodged an appeal, the file will be still live and therefore you should be able to request a more detailed decision as to why your DLA claim was disallowed? Write to the DLA Unit at Blackpool and request a statement of the reasons for their decision.

I must say that if the statement "medical evidence shows they do need meet the criteria etc" is the only medical evidence the DLA Unit have managed to produce for the adverse decision on your claim, goodness only knows how an appeal tribunal are likely to deduce very much, if anything from this statement. The DLA Unit are supposed to produce a submission which shows clearly to the claimant/appellant and the appeal tribunal, why the medical evidence failed to satisfy the decision-making authority when deciding the claim!

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

Please Log in or Create an account to join the conversation.

  • Jox
  • Topic Author
12 years 9 months ago #59418 by Jox
For the care component it simply says medical evidence shows they should be able to manage most of their self care day and night on their own.


Thats it! the same medical evidence which was a 15 month old esa report also states the following

Is able to manage stairs but with pain

: sleeps poorly due to pain

: bending down to put on socks and shoes usaly laces a problem

: Always finds it difficult to bath due to bending problems

: is always able to dress them selves ( then further down she states) usually finds it difficult to dress bottom half socks shoes trousers due to bending problem.

: Appeared to have slight difficulty sitting for 20 minuets but did not need to get up from chair

: Had some difficulty rising from sitting in an upright chair but did not need physical assistance

: Gait observed limping and found this consistent

: Client can only sleep on right hip so will be in pain a couple of times during the night

: Usaly needs dragging himself to get out of bed due to pain and stiffness


Yet they still failed to give a detailed reason as to why they didn't award me high or middle rate care after i stated i needed help with dressing and washing the lower half of my body,getting in and out of the bath and bed getting in and out of seat. even though my main defense is that my new medical evidence shows a deterioration SINCE that old esa report but i still think that old esa report clearly backs up my care needs anway!

i would absolutely love to see a detailed statement explaining things. i will write to them and explain that i requested a statement of reasons in September but didn't get a reply i was just looking through all my paperwork to see if i did get one when i came across a photocopy of the letter i sent them requesting one

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.