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statement of reasons etc
- Melanie Tudor
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12 years 5 months ago #92167 by Melanie Tudor
statement of reasons etc was created by Melanie Tudor
Hi, using the sample letter on page 13 of the ESA appeal guidelines, I made a subject access request over the phone.
Today in the post I have received one page doubled sided. At the bottom is says LT54 (DMACR). I did not have a medical so requested ESA85a, including all emails, communication, score sheets etc between Atos and DWP (Decision maker).
Is this an ESA85a. It only says that I scored 15 points as 'she meets at least one or more of the descriptors set out in schedule 3 of ESA regs' It only says 'due to her physical and or mental condition' but even though decision maker was required to delete as appropriate, neither word has been deleted.
Have I the right to request exactly what descriptors I met or did not meet etc. She has given me 12 months before being considered for work (have been in the support group for a year now and each time my result is for 12 months only), am i just lucky to get this much.
Many thanks
Today in the post I have received one page doubled sided. At the bottom is says LT54 (DMACR). I did not have a medical so requested ESA85a, including all emails, communication, score sheets etc between Atos and DWP (Decision maker).
Is this an ESA85a. It only says that I scored 15 points as 'she meets at least one or more of the descriptors set out in schedule 3 of ESA regs' It only says 'due to her physical and or mental condition' but even though decision maker was required to delete as appropriate, neither word has been deleted.
Have I the right to request exactly what descriptors I met or did not meet etc. She has given me 12 months before being considered for work (have been in the support group for a year now and each time my result is for 12 months only), am i just lucky to get this much.
Many thanks
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12 years 5 months ago #92170 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:statement of reasons etc
MC
The LT54 is a seperate document from the ESA85A, there is a list of available documents in the following FAQ.
ESA Forms
The ATOS "doctors" prognosis will vary from claimant to claimant and is in principle based on the claimants underlying condition(s) and any reasonable expectation of them improving. In some cases, where there is recognised condition with no prospect of improvement or even the liklihood of deterioration, it would be reasonable to expect the prognosis to be longer. Where there is an expectation of improvment, even if this is not actually reasonable, then the prognosis may be shorter.
Unfortunately, the prognosis, and hence the re-assessment period does not form part of the Decision and is therefore not appealable (I appreciate you may not want to do this anyway), as a consequence, claimants are very much stuck with what the DWP decide.
Gordon
The LT54 is a seperate document from the ESA85A, there is a list of available documents in the following FAQ.
ESA Forms
The ATOS "doctors" prognosis will vary from claimant to claimant and is in principle based on the claimants underlying condition(s) and any reasonable expectation of them improving. In some cases, where there is recognised condition with no prospect of improvement or even the liklihood of deterioration, it would be reasonable to expect the prognosis to be longer. Where there is an expectation of improvment, even if this is not actually reasonable, then the prognosis may be shorter.
Unfortunately, the prognosis, and hence the re-assessment period does not form part of the Decision and is therefore not appealable (I appreciate you may not want to do this anyway), as a consequence, claimants are very much stuck with what the DWP decide.
Gordon
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- Melanie Tudor
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12 years 5 months ago #92172 by Melanie Tudor
Replied by Melanie Tudor on topic Re:statement of reasons etc
sorry for wasting your time, I have just noticed that at the top of the letter, difficult to see are the letters ESA85a. I thought it would be more detailed that this. Should I just accept this or ask for any other emails etc or ask that they be more specific regard what actual descriptors apply to me(no other forms mentioned on this site appeal to my situation).
Thanks
Thanks
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12 years 5 months ago #92176 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:statement of reasons etc
mad cow wrote:
Gordon
You can certainly request more information, but if the ATOS "doctor" has not clearly identified the Support Group descriptor(s) that you met, which seems to be the case from your post, then experience suggests that it is unlikely that they will be listed in any more detail elsewhere.sorry for wasting your time, I have just noticed that at the top of the letter, difficult to see are the letters ESA85a. I thought it would be more detailed that this. Should I just accept this or ask for any other emails etc or ask that they be more specific regard what actual descriptors apply to me(no other forms mentioned on this site appeal to my situation).
Thanks
Gordon
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- Melanie Tudor
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12 years 5 months ago #92178 by Melanie Tudor
Replied by Melanie Tudor on topic Re:statement of reasons etc
It clearly has ESA85A in bold white letters with a black background written horizontally on the first page with Medical Report form on it. The second sheet says LT54. I think I should have looked again. I am really sorry for wasting your time. I think I assumed the ESA85a would be more detailed. Many thanks for your help. I know how hard you all work.
MC
MC
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12 years 5 months ago #92179 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:statement of reasons etc
mad cow wrote:
Gordon
No problem. There appear to be very few standard procedures within the DWP, or if they are, they are rarely followed.It clearly has ESA85A in bold white letters with a black background written horizontally on the first page with Medical Report form on it. The second sheet says LT54. I think I should have looked again. I am really sorry for wasting your time. I think I assumed the ESA85a would be more detailed. Many thanks for your help. I know how hard you all work.
MC
Gordon
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