Hi

I posted a thread recently because I had not received a decision letter after 10 weeks only to find out when I phoned the decision had been made 9 weeks earlier!

After 2 phone calls asking for: the decision letter, ESA85, written statement of reasons and points I have now received a copy of the ESA85 and the decision makers LT45 but STILL no decision letter!!!

So officially I have not got a date to place a late appeal from and the girl of the phone seemed to struggle to retreive the LT45 as she said they go off the system after 28 days is this correct?


Any help appreciated!

Jayne

I think it unlikely that the LT54 is disposed of so quickly, as it is one of the primary documents documenting a Decision.

It is difficult to advise a way forward when you are unable to retrieve the necessary documents.

Have you been able to confirm whether a Decision letter has been produced and sent to you?

You can try escalating the problem to a Customer Services manager, this normally requires a call back. The threat to involve your MP also seems to have remarkable results with the DWP.

Gordon

Hi Gordon

No I have only been told it would have been sent out the same day it was updated on their records but so far after 2 phone calls they still keep sending me anything BUT the Decision notification I also have asked for the written statement of reasons which again they did not send.

The ESA85 has been interesting because the prognosis advises that "a return to work unlikely for at least 2 years and unlikely to return to work in the longer term". Is this a reason alone to appeal for the support group?

Also under exceptional circs it says "The non-functional descriptors were not considered for this case as curtailment applied". What does this mean and can I not appeal using exceptional circs??

Any help appreciated

Thanks J

Jayne

Were you able speak to a Customer Services manager?

I am not surprised that you have not received a Statement of Reasons, of all those who have requested this, I know of only one that has actually received it.

I am afraid that a prognosis, of whatever length is not reason to appeal for the Support Group. See

Qualifying for the Support Group

Curtailment means that the ATOS assessor had already recommended sufficient points to qualify for the WRAG so they did not need to consider the Exceptional Circumstances.

This does not mean that you cannot base an appeal in part, or in whole, on the Exceptional Circumstances, but you should be aware that the burden of proof lies wholely with the claimant and you will need to provide significant and current evidence to support your position. Also, to qualify for the Support Group you need to show that carrying out Work Related Activity would pose a potential danger to your health, not just just working.

Gordon