DWP dont write to tell you a claim is successful?

Had a totally Kafka-esqe discussion with DWP today; my partner's ESA 50 form was returned to ATOS on 7/11/12 (he migrated from IB the previous year). Since then we have both been v agitated and panicy every time a letter pops throught he door, waiting to hear what the decision is, when is his medical etc. Then on Fri a new ESA 50 form arriverd (the new 1/13 version).

So I call DWP only to be told a decision was reached by ATOS early Dec 2012 that he was still unfit for work. would still be in WRAG group & would continue to receive ESA at the same level. And that ATOS, not DWP wanted him re-assessed in 6 months (hence the arrival of the new forms). At no point did we hear anything from ATOS or DWP, even to acknowledge receipt of forms. But, and here is the mad thing, they say they don't have to get in touch either in writing or by phone
to tell you the results of the questionaire if your situation remains the same. They will only contact you if something changes.YOU ARE NOT TOLD THE DECISION, THEY DO NOT WRITE TO YOU IF YOU "WIN" ONLY IF YOU LOSE.

The Nov 2012 form was completed with enough supporting info to put him in the support group, not
the WRAG as he was previously in. So if they do not tell you a) they have reached a decision; or b) when and how this decison was made, how can you appeal the original decision making process within the one month time limit?

DWP lady said today if you have been waiting over 2 months to hear about a decision, it is probable a decision has already been made to continue with your claim for an extra 3 or 6 months without need for a medical. Anyone else heard this and is the DWP lady telling the truth as we've had so much dis-information from them we no longer know what is true?

BrazenJ wrote: Had a totally Kafka-esqe discussion with DWP today; my partner's ESA 50 form was returned to ATOS on 7/11/12 (he migrated from IB the previous year). Since then we have both been v agitated and panicy every time a letter pops throught he door, waiting to hear what the decision is, when is his medical etc. Then on Fri a new ESA 50 form arriverd (the new 1/13 version).

So I call DWP only to be told a decision was reached by ATOS early Dec 2012 that he was still unfit for work. would still be in WRAG group & would continue to receive ESA at the same level. And that ATOS, not DWP wanted him re-assessed in 6 months (hence the arrival of the new forms). At no point did we hear anything from ATOS or DWP, even to acknowledge receipt of forms. But, and here is the mad thing, they say they don't have to get in touch either in writing or by phone
to tell you the results of the questionaire if your situation remains the same. They will only contact you if something changes.YOU ARE NOT TOLD THE DECISION, THEY DO NOT WRITE TO YOU IF YOU "WIN" ONLY IF YOU LOSE.

The Nov 2012 form was completed with enough supporting info to put him in the support group, not
the WRAG as he was previously in. So if they do not tell you a) they have reached a decision; or b) when and how this decison was made, how can you appeal the original decision making process within the one month time limit?

DWP lady said today if you have been waiting over 2 months to hear about a decision, it is probable a decision has already been made to continue with your claim for an extra 3 or 6 months without need for a medical. Anyone else heard this and is the DWP lady telling the truth as we've had so much dis-information from them we no longer know what is true?

Hi BJ,

The DWP are required by law to provide confirmation in writing of any decision made as a result of an ESA Assessment or Reassessment.

A decision to award ESA in the WRAG (LCW) or ESA in the Support Group (LCWRA), or indeed a decision to find the claimant “fit for work” carries a right to appeal under s12 of the SSA 1998, see :

www.hmrc.gov.uk/nicmanual/volume_1/ssa_1998.pdf

Decisions which carry a right to appeal under s12 shall be notified to the claimant in writing in accordance with Reg 28 of the Decisions and Appeals Regulations 1999. See :

www.legislation.gov.uk/uksi/1999/991/regulation/28/made

Therefore you should be notified "In Writing".

bro58

Many of the DWP call-centre staff seem to be poorly trained and often give out totally erroneous information. It seems that your case is another instance of this


Edited to add - Please do not post duplicates if your post does not appear for a little while. Every post on this site is pre-moderated and how long this process takes depends on how many, voluntary, moderators are on line and how busy we are. I promise that we will get to you as soon as we can, posting duplicates just slows things down. I have deleted your other thread so that all answers are kept in one place for you

Hi BJ,

Your query has been answered above, please do not post duplicate posts, I have deleted your other one.

bro58