- Posts: 9439
no statement of reasons
- Sue
- Topic Author
thank you
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- bro58
Sue wrote: Can anyone make sense of this? I have a letter stating I've been put in the WRAG group for ESA and I also have a copy of my ESA85 which says that I cannot mobilise more than 100m or raise either arm above head height as if to reach for something. However, I just spoke to JCP to find out why I haven't received my statement of reasons, which I requested on 14/3 and I was told they don't have a copy of the statement of reasons and also that I scored no points? How can they have placed me in WRAG without any reasons and how can I have a report saying I can't do things that would score me points, and then be told that I scored no points? I am really confused. How do I appeal if I don't have a statement of reasons?
thank you
Hi S,
The only way that you could have been placed into The WRAG without scoring the requisite minimum 15 points required across all or any of The WRAG descriptors :
WRAG (LCW) Descriptors
Qualifying for the WRAG
Would be if you were placed into The WRAG under The Exceptional Circumstances Rules, ESA Reg 29 :
ESA Reg 29 for entry to The WRAG (LCW)
Whether you have gained entry to The WRAG on points, in which case is should state something like, you have fulfilled the qualifying criteria under "Schedule 2" in that you have Limited Capability for Work (LCW) or under Reg 29, it should say so.
As you state that you have an ESA85, I am assuming that you attended a face to face. An ESA85A would be generated in the case of a paper assessment.
The ESA85A's are generally pretty vague, whereas the ESA85's are generally more detailed.
Please see below a list of potentially available ESA Documents which may or may not be available :
ESA Forms
ESA medical – what forms to ask for?
ESA72 Form
You can make a request for ALL documentation used in coming to the decision by issuing a SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
It will not be the first time that a score sheet has not been generated.
bro58
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- slugsta
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
If you look at The WRAG Descriptors from the link :
WRAG (LCW) Descriptors
" 1. (c)Cannot either:
(i)mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;
or
(ii)repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion."
Gives you 9 points.
"3. Reaching
(c)Cannot raise either arm above head height as if to reach for something."
Gives you 6 points.
There are your 15 points for WRAG entry.
So you have qualified for WRAG under :
1. (c) (i) or 1.(c) (ii) = 9 Points
3. (c) = 6 Points
Total = 15 Points
bro58
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- Gordon
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- Posts: 51287
For this reason we do not advise claimants to wait for a SoR to be produced before lodging an appeal, despite the fact that in principle it extends the period available to make that appeal.
The most likely scenario is that you will not receive a SoR, in fact, in three years of moderating I can only recall one member who has actually received a document labelled as a SoR.
Gordon
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- bro58
SG (LCWRA) Descriptors
Qualifying for the Support Group
These are not point based.
Or, The Exceptional Circumstances Rules, ESA Reg 35. :
ESA Reg 35 for entry to The SG (LCWRA)
bro58
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