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Good supporting letter

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11 years 10 months ago - 11 years 10 months ago #88120 by shrinathji
Replied by shrinathji on topic Re:Good supporting letter
Many thanks for your reply.

GP has written in letter that my husbands condition has got worse and has clearly stated why etc and this is also confirmed in neurologists letter.

Husband is at present in S/G, does the burden of proof still lie with DWP to prove otherwise???

Radhika.
Will this be ta
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #88121 by Gordon
Replied by Gordon on topic Re:Good supporting letter
Radhika

Where the DWP initiate the assessment, the burden of proof lies with them to show that the claimant no longer meets the requirements of the benefit.

Whilst its a good argument when asking why there has been no award or a reduced one, it is not something I believe can be relied upon at assessment, as in percentage terms it only has to be 51% vs 49% :)

Gordon

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11 years 10 months ago - 11 years 10 months ago #88123 by shrinathji
Replied by shrinathji on topic Re:Good supporting letter
Thanks Gordon.

Have many people, in general from your experience, who have been in S/G for multiple health reasons, been placed in WRAG at reassessment.

Just that reassessment process will be starting next week for husband and we are getting quite anxious, any advise or words of wisdom are very welcome.:)

Radhika.
Last edit: 11 years 10 months ago by slugsta.

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11 years 10 months ago #88136 by Gordon
Replied by Gordon on topic Re:Good supporting letter
radhika

It does happen, although I wouldn't call it frequent.

People who are initially placed in the Support Group, do sometimes get better and as a consequence are moved "down" to the WRAG.

A lot of claimants were/are caught out by the change to the ESA descriptors in April 2011.

And "sometimes" ATOS and the DWP get it wrong.

I'm not aware of any statitsics on the matter, at least not in the public domain, although the latest DWP statistics show a significant increase in SG placements, however these are the first set to include IB/IS/SDA transferees.

From your posts, you seem to have given your husband the best chance you could, and whilst many members disagree with the view, they do get it right most of the time.

Good luck

Gordon

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11 years 10 months ago #88139 by shrinathji
Replied by shrinathji on topic Re:Good supporting letter
Thanks alot Gordon for your kind words of encouragement.

My husbands best chance has definately come from you guys help, advise and support.

I will keep all informed on progress and outcome.:)

Radhika.

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