Reconsideration decision issues

I think I read something from Jim (moderator) the other day saying that the DWP are having very serious problems with their workload. This is not an excuse, but may be an explanation for the delay.

Nonetheless chivvying seems to be in order.

3 more things to clarify:

1. Crazydiamond says 'All social security decisions should be conveyed to the claimant in writing as soon as the decision is made on the claim' - but Gordon indicates he understands should actually means in legal terms 'best endeavour (non-legal) basis'. So can a failure of the DWP to turn a non-promulgated decision into a promulgated one, even on a best endeavour basis only be legally pursued by contacting my MP ? Is there no other measure or legal standard by which this failure is regulated or can seek redress ? It seems odd to me that no regulation addresses this.

2. Concerning a failure of DWP to supply a LT54 requested in writing. Again, given what is asked in 1 above, does the only recourse regulating a DWP failure to supply a LT54 constitute a visit to my MP or is there any legal regulation which governs this too ? (N.B. it's not a SARS request, just a LT54 request)

My concern is that i run into the 2nd period of assessment and placement for ESA without ever having received a promulgated confirmation or LT54 for placement details awarded for the first period on ESA and based on previous experience, the same thing happens again.

3. I'm also unsure if i am being paid the correct amount of ESA because no written notice of change in amount to be paid due to being moved from the Wrag group to support group has yet been received. Could you confirm, if it usual that i would receive a letter indicating a change in ESA payments when moved between ESA groups ?

thanks again for your attention folks

n

HI
I finally got a phone response to this ongoing issue which went like this:

to recap:
march 2011: moved from wrag to support via reconsideration
june 2011 : 1st written request for associated LT54 & the as yet not received confirmation letter.
sept 2011: 2nd written request for associated LT54 & the as yet not received confirmation letter.
sept 24th telephone notes say 2nd letter received.

Oct 10th Following telephone response:
A DWP-ESA person called me back and said:
1. They would get in touch with the Work and Capability Assessment department to request a 'recon'
2. The LT54 would have been destroyed and no longer exists (after she denied knowing what an LT54 is.)

concerns:
1. I was concerned she made a point of telling me she would have to be contacting the Work capability assessment team to request what she called a 'recon'. I wasn't sure if she was referring to another department in the DWP or if she meant Atos. I also wasn't sure if she was referring to requesting from them a 'recon'firmation letter ,or another 'recon'sideration of my case or else setting in process a 'recon'firmation medical examination with Atos. What do you think ? It freaked me out a bit.

2. Her response to my request for the LT54 seems incorrect to me where she said it is destroyed after the decision is made. If she is wrong, it only leaves me with the option of making a SARS request to obtain it. Could you advise; I already have made a SARS request and received every document up until the period just before the reconsideration in March 2011.

Will it be possible for me to make another SARS request but only indicating to receive documents generated during the spring 2011 and specify the LT54 associated with the reconsideration ? Should that yeald a result ?

I understand that a SARS must legally be fulfilled where as a general request for a document to the ESA office does not have to be in any specified time which might explain her avoidance of dealing with it ?

thanks for your time

nicholson