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mandatory reconsideration questions

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7 years 11 months ago #158793 by LKing1223
mandatory reconsideration questions was created by LKing1223
Hi,

I aked to be moved to the support group from the WARG, and was re assessed. The decision arrived last week, the WRAG still.

If I just ask for a mandatory reconsideration, without knowing why they chose the WARG over the SG, and without adding anymore information, how likely are they to change their mind? (I expect the answer to this is, very unlikely)

Also if I ask for a written statemet for the reasons of their decision, what sort of information will I get? I struggle with depression (which while secondary to my illness is significant in itself) and the last report I recieved (from a clinic nothing to do with the DWP) was very upsetting - to put it midly. I don't want to put myself though reading another judgemet from strangers if I don't have to.

The stress and effort of the re assessment made me very ill, and in the past I have acepted the WARG decision as 3 or 4 visits to the Job Centre vs the stress of an appeal seemed the lesser of 2 evils. However my JC adviser keeps pushing me to get moved to the support group, and is very fustrated with my lack of progress (as in i'm no closer to getting back to work now than I was 5 years ago) my illness is worse so of course I'm not closer to getting back to work - but that isn't a good enough reason.

If I was moved to the support group it would be because of substantal risk.

I'm just so tired, and as I said above, I'm not sure its worth it.

lme

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7 years 11 months ago #158824 by Gordon
Replied by Gordon on topic mandatory reconsideration questions
lme

You can request a copy of the assessment report, ask for the ESA85 if you had a face to face and the ESA85A if you did not.

It's very unlikely that the DWP will respond to a request for a Statement of Reasons although you should not let that stop you asking for one.

Showing substantial risk is difficult especially if you are engaged with the JC+ currently, you would need to show the things that you are already doing with them are creating the risk you wish to be excused from.

Also, as you initiated the reassessment you will need to show that there has been a documented change in your condition since you were placed in the WRAG.

Gordon.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 11 months ago #158864 by LKing1223
Replied by LKing1223 on topic mandatory reconsideration questions
Thank you for the reply, and the information Gordon, I appreciate you taking the time to help me.


thanks again

lme

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