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Reconsideration of esa (WRAG)

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9 years 9 months ago #143032 by Gordon
Replied by Gordon on topic Reconsideration of esa (WRAG)

linda w. wrote: Thanks foss. I telephoned and asked for the medical report and a written statement of reasons for decision. I should get it by thursday the girl said. She said I could ask them to re-consider the decision when I have seen report if they don't change it then I can go for MR. I told her i also had a tape as it was a recorded assessment.


There is (should be) no reconsideration before the Mandatory Reconsideration, either there is an MR or there is nothing.

I wouldn't hold my breath for the written Statement of Reasons, even though you are legally entitled to request one, I can count the times I have seen one produced on one hand. I certainly would not wait on it to make a formal request for an MR.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 9 months ago #143072 by linda w.
Replied by linda w. on topic Reconsideration of esa (WRAG)
That's what I found odd Gordon. I said I was going to put in a MR and she said You don't have to you can just put in a request to go in the support group. I asked what she meant and she said just put it in writing asking to be placed in support group and if they don't then go for a MR. I have done a SAR request in the past. If I don't get a written statement of reasons I will put in another SAR :) I think I will put straight in for MR as soon as I have seen the report.
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9 years 9 months ago #143082 by Gordon
Replied by Gordon on topic Reconsideration of esa (WRAG)

linda w. wrote: That's what I found odd Gordon. I said I was going to put in a MR and she said You don't have to you can just put in a request to go in the support group. I asked what she meant and she said just put it in writing asking to be placed in support group and if they don't then go for a MR. I have done a SAR request in the past. If I don't get a written statement of reasons I will put in another SAR :) I think I will put straight in for MR as soon as I have seen the report.


Just so you are aware, A SAR can only retrieve documents and information that is already available, the Decision Makers Statement of Reasons is not produced when an award is made, so I would not expect it to have any more chance of success than a direct request for one.

The issue with a SoR is that the DM is not required to produce one if they have a reasonable belief that the information has already been supplied to the claimant, albeit in another form.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 9 months ago #143101 by linda w.
Replied by linda w. on topic Reconsideration of esa (WRAG)
I haven't had any reason in any form Gordon. All I have is the standard letter telling me what my rates are because I have been placed in the WRAG group. If medical report doesn't come by tomorrow I will put it in writing and request the reasons in the same letter. When I spoke to the adviser on monday she looked to see if it was available and said she would send it with the medical report.

Thank you.
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