mandatory reconsideration

hi i am about to submit my mandatory reconsideration as i have been placed in the WRAG. Do i ask for a written explanation at the same time or do i ask for written explanation first. just not sure if i should put it all in the same letter

Hi,

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You should submit your MR and request documentation used in coming to the adverse WRAG decision as separate issues in separate envelopes.

You could request extra time for the MR process until you receive the documents, but there is no guarantee that they will abide by your request.

You can request the ESA documentation over the phone but would be advised to back this up with a written request/SAR.

THE ESA PHONE NUMBER DWP : 0345 608 8545 Press Option 3 for ESA. (Open 8AM-6PM. Mon-Fri.)

If you had a "medical" you could request the ESA85 medical report. (It would be the ESA85A Medical Report if no "medical" face to face took place)

ESA medical – what forms to ask for?

This should include the prognosis, and reasons why you were placed into The WRAG.

If you have problems obtaining this, you can make a written request. (SAR)

There should also be an LT54 Form, which may contain useful information.

A description of an LT54 can be found at the bottom of this list :

ESA Forms

There may also be an ESA113 questionnaire, if one was sent to your G.P.

To cover all bases, you could make a SAR for "All" documentation used in coming to The WRAG decision.

You could also pose particular questions, e.g. :

1. Reasons why you were placed into the WRAG, including which of The WRAG descriptors were applied, and how many points you were given. Whether it be one or more of The Schedule 2 Functional Descriptors, or The ESA Regulation 29 Non Functional Descriptor.

2. The prognosis of the WRAG award, and when you should expect to have your next reassessment.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.

See also : ESA MR/Appeals Guidance.

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Your written MR Request must be posted in good time to arrive back with The DWP no later that one month after the date of The WRAG decision notice letter.

You might want to Bookmark/Favourite this page in your browser.

You can then return to it easily for future reference and to pose any further queries.

bro58

many thanks. i am finding this all very diificult to understand. what is an SAR

Sorry Ive found out what it was. Many thanks for your advice