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DWP Slow at providing Information.

  • fithgear
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11 years 5 months ago - 11 years 5 months ago #95221 by fithgear
Replied by fithgear on topic Re:DWP Slow at providing Information.
Thanks for all your replys, Do the DWP have to supply the point scoring you have attained by the DWP decision maker.
If they do not supply the points score Would you win the case
at the tribual through lack of compliance,And a flawed report,
What I am getting at is It may be that the decision maker as in my case did not even bother to point me,Due to not having a medical,Surely They have to point you or they are not following due process. :ohmy:
Last edit: 11 years 5 months ago by Gordon.

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11 years 5 months ago #95227 by Gordon
Replied by Gordon on topic Re:DWP Slow at providing Information.
fithgear wrote:

Thanks for all your replys, Do the DWP have to supply the point scoring you have attained by the DWP decision maker.
If they do not supply the points score Would you win the case
at the tribual through lack of compliance,And a flawed report,
What I am getting at is It may be that the decision maker as in my case did not even bother to point me,Due to not having a medical,Surely They have to point you or they are not following due process. :ohmy:

Your arguments are not without merit, but will not lead to you qualifying for the Support Group.

You can only be placed in the Support Group if you are found to meet the associated criteria.

Demonstrating that the ATOS report is flawed, will at best result in a new assessment being ordered, showing that the DM has not made a valid Decision, will likely only result in the process needing to be restarted.

The important thing is for you to explain why you meet one or more of the Support Group and to provide evidence to support this.

With regard the missing information, you mention that you used a SAR to request it, have the 40 calendar days the DWP are allowed expired yet, if not, then you may have to wait before you can escalate this matter.

Returning to your original post, the most imprtant thing to be concentrating on at the moment is for you to lodge your appeal within the one month allowed, to avoid further complications.

Gordon

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

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11 years 4 months ago - 11 years 4 months ago #95230 by allwornout
Replied by allwornout on topic Re:DWP Slow at providing Information.
Thanks for your reply Gordon

I do take your point on not attending wfi’s and sanctions which now appear to be more significant, and I certainly would not advise none attendance.

To clarify some points in my case; I do feel that I did provided the dwp with ‘good reason’ up front in plenty of time prior to my appointments ( as always by recorded post) but this was all ignored as I was indeed somewhat hounded. I then, a few months back came across the following guidance from the dwp’s own website; www.dwp.gov.uk/docs/ib-reassessment-information-pack.pdf

This guidance does seem to say that attended wfi’s ‘in my circumstances’ is not obligatory eg: an appealing migrant from IB. Confused I copied this and directly questioned the dwp (and I recently asked my MP) but again the dwp has failed to respond in any way. However the hounding stopped (could this be coincidental?) To date I have had no response from the dwp but I will provide B&W with an update if I ever get a definitive answer from the DWP.

In my individual case I consider imposing sanctions for my past none attendance is now unlikely as my reconsideration letter says I have been placed in the support group and this is backdated (much to my relief).

I previously submitted a SAR for my info but all to do with the decision making was omitted by the DWP despite being specifically requested this is unacceptable as it made appealing more complex. All may now seem irrelevant as I am now in the Support Group on reconsideration however; if or when I need to reclaim ESA the withheld info could help me establish my case from outset as my condition is unlikely to improve. I therefore feel I should keep going and submit a further SAR for my info, to help next time.
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #95233 by Gordon
Replied by Gordon on topic Re:DWP Slow at providing Information.
allwornout

Congratulations on being placed in the Support Group, it must have been quite a relief to get the letter over the weekend.

The guidance in the document you refer to applies only to those appealing a Fit for Work Decision, not to those appealing for the Support Group from the WRAG.

However, your attending WFI's and participating in Work Related Activity must take into account your condition(s), the difficulty of course, is in your showing this, as by definition, all those placed in the WRAG are considered fit enough to attend, or they would have been placed in the SG.

Gordon

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11 years 4 months ago #95247 by allwornout
Replied by allwornout on topic Re:DWP Slow at providing Information.
Thanks Gordon for the clarification re: attending wfi’s, this confused the hell out of me for months and the DWP did not seem to know anything about it, or if they did they certainly did not provide any info when requested.

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