WRAG reconsideration

Can anyone advise?
I have appealed the decision to be placed in WRAG as I believe I meet conditions for support group.

I used benefits and work SAR wording to request all information used by the decision maker, and to request a verbal tribunal hearing. I am not able to get assistance from welfare benefits advisor as I do not meet the limited resources requirement. So apart from Benefits and Work site I am unsupported in all this.

I have received a letter from DWP saying they will look again at the decision, but not yet had the info requested in the SAR. They have asked for any supporting evidence that I have to justify my claim for support group, but as I still don't have the info on how the DM made the decision to put me in WRAG I am unsure what they want.

If I Wait until they send me the info requested in SAR are they likely to go ahead with the reconsideration without further info? Also, if I delay sending them any supporting evidence will it prevent the appeal from taking place? Do I have to make a new appeal request if a reconsideration goes against me? I really would prefer to have everything I asked for when I submitted my appeal request a month ago, and believe I would be better going to appeal rather than just have the reconsideration.

Thanks

PC

Hi PC,

The more evidence you send at this stage, the better the chance of the recon going in your favour. Without the statement of resons or ESA85/85a then all you can do is point out which support group criteria you believe you meet and why. There is no way of knowing how soon a Decision Maker will look at your claim - it took nearly 6 months in my case but some people have had a result very quickly.

If the recon is not in your favour, the case will automatically pass to appeal - as long as you specifically submtted an appeal in the first place. If you have only asked for a recon then you would have to formally appeal if the decision were not in your favour. The appeal tribunal will accept evidence up until a couple of weeks beforehand, as long as it clearly applies to your condition at the time of the original decision.

Thank you Mrs Hurtyback

I did ask for appeal, not reconsideration, but really don't know what I can use for evidence, as I never had a face to face work capability assessment. Not sure what can be sent of proof of incontinence and inability to repeatedly mobilise 50m etc. as these have not been observed by medical practitioner.

Do you have anyone else who could write a statement on your behalf? This could include a continence advisor, social worker, physio carer or even friend/relative.

The person would need to state how long they have known you, in what capacity and what leads them to believe the siiituation as they understand it.

Thanks

Perhaps I could wait for the info requested in SAR though? The 40 day time limit for them to respond will be up next week. Or is that something else DWP thinks does not apply to them?

We do have a member who did not receive the SAR response in the stipulated time

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=91403#91855

Don't forget that the object of the exercise is to get a satisfactory decision as quickly as possible!