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TOPIC: STATEMENT OF REASON

STATEMENT OF REASON 5 years 11 months ago #72439

So I ask for a statement of reason why I wasn't but into the the esa support group.

My letter states: on 1st September an approved disability analyst advised, on the basis of information o your ESA50 form and A previous examination.....

hang on a minutes, my previous examination was four and a half years ago!!! And since that examination I have now another medical condition? Can they really use information from that long ago? When I didn't have ME?

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Re:STATEMENT OF REASON 5 years 11 months ago #72443

badtastebear wrote:

So I ask for a statement of reason why I wasn't but into the the esa support group.

My letter states: on 1st September an approved disability analyst advised, on the basis of information o your ESA50 form and A previous examination.....

hang on a minutes, my previous examination was four and a half years ago!!! And since that examination I have now another medical condition? Can they really use information from that long ago? When I didn't have ME?

Whilst the DWP can choose which evidence they take into account when making a Decision, it does seem peverse that they would use a report from so long ago, especially, if as you say, you were not suffering from one of your conditions at time.

If you are considering an appeal, this would certainly be worth challenging. Don't forget that it is possible to overturn a Decsion during the Reconsideration stage of an appeal, so it is worth the effort of making the DWP aware of these things.

Gordon

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

Re:STATEMENT OF REASON 5 years 11 months ago #72447

We I already placed my appeal form in, before this came through the day, as why told me on the phone It would take 14 days to come through and I would be out of the appeal deadline. I was also told I shouldn't ask for it to be reconsider, but fill in the appeal form. But now I'm wondering if I an send more information to them about this statement, as I have a new condition since this examination.

thank you for your reply
Rachel

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Re:STATEMENT OF REASON 5 years 11 months ago #72452

Hi Rachel

The letter that states that a decision was made based on your ESA50 and previous examination was probably a standard letter for a claimant that sent in an ESA50 and had a previous medical. I doubt the person sending the letter knew (or cared) how long ago the previous medical was, but it's not possible to know how much weight was given to the previous medical when the decision maker considered the evidence.

It is sensible to appeal straight away rather than ask for a reconsideration, but a reconsideration will take place automatically before the appeal, so you have the option of submitting further evidence to the DWP.

When you say you have a new condition since this examination, are you referring to the examination 4 years ago?

If so, did you include this condition on your recent ESA50?

Derek

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Last Edit: by Derek4. Reason: clarity
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