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Asking for a written Statement of reasons for deci

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11 years 8 months ago #88509 by ben202
Hi I have been on ib for 13yrs now with various disabilities, I filled the limited capability for work questionnaire form in and sent numerous Consultants reports in concerning my conditions. I was placed in the WRAG group which i am not at all happy about, support group i thought would have been not to much of a problem, I am appealing, but I need to know the reasons why before i can appeal as it says on the GL24 appeal form (WHY DONT YOU AGREE WITH THE DECISION)!!! I phoned the benefit office up to ask them to send me a written statement through A.S.A.P, of reasons on the decision, this was 9 days ago and no reply yet? How long does it take then to send the statement?? I am right in thinking i have to have the reasons before i can appeal properly? as anybody else been in this position? :unsure:

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11 years 8 months ago - 11 years 8 months ago #88515 by Crazydiamond
As you have not been given very little information about why you have been placed in the WRAG, it can be difficult to explain why you disagree.

You can request that the DWP send an explanation for the decision and if you do so the deadline for the appeal will be extended by 14 days but it is not advisable to do this. The opportunities for confusion and missed deadlines are increased, the reasons given may still not be very detailed and it may make completing the appeal form more difficult unless you have detailed knowledge of benefits law.

Wherever possible you should give some grounds for why you think the decision is wrong, but ensure that you always make it clear that these may not be your only grounds of appeal and
that you may wish to add more once you have had an opportunity to see the evidence being used.

It is very important however that you return the GL24 within the one month time limit. See:-

How to submit an appeal

How long do I have to appeal?

Is there any risk to challenging a decision?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 8 months ago by Crazydiamond.

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11 years 8 months ago #88516 by Gordon
Sky

Whilst you are legally entitle to copy of the Decision Makers Statement of Reasons, many members have had problems actually getting one sent to them.

Ideally it should take no more than a couple of weeks, so you might want to consider chasing your local DWP office about it.

You should also consider making the request in writing at which time you might want to also request the documents referred to in the following FAQ.

ESA medical – what forms to ask for?

Whilst requesting a SoR should extend the period available to lodge an appeal, poor administration by the DWP can result in this fact being overlooked so our general advice is to lodge your appeal within a month, see

How long do I have to appeal?

How to submit an appeal

You also need to be aware of the following

Is there any risk to challenging a decision?

Qualifying for the Support Group

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Our ESA appeal guide is available on the following link.

www.benefitsandwork.co.uk/help-for-claimants/esa

This explains how to complete the GL24 and what you can use as reasons for lodging an appeal.

Gordon

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

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