ESA confusion

Derek

Whilst in principle the claimant should refer to the specific Decision and date this is not a specific requirement for a Mandatory Reconsideration. Certainly the OP should be pushing the DWP for a Decision Letter but the likelihood is that the one made to put them in the WRAG was also made at the beginning of September and it is far more important that the MR be requested in time to avoid further problems, than waiting for the correct paper work to be available. This would not have been the case under the old system.

I think you are confusing the requirement for a WCA to have been done for a Fit for Work Decision with being moved to the WRAG from the SG, there is no requirement for a face to have been done in the case of the latter.

Gordon

Derek4 wrote: Hi Gordon,

Regulation 6 of the Decisions & Appeals Regulations 1999 gives the DWP the power to supersede decisions.

Reg 6(2)(r) gives them the power to supersede an ESA award when they receive fresh medical evidence that a claimant is fit for work. However, a supersession would also be required to remove a claimant from the SG and place them in the WRAG, so I suspect that the regulation would still be in effect for such cases.I don't think the DWP can legally, randomly move claimants from SG to WRAG (if they can I'm in big trouble!).

Regards,

Derek

No one is suggesting that the DWP can randomly remove claimants from the SG to the WRAG, but this does not mean that a face to face assessment is required. A supersession is simply the mechanism by which an existing Decision is modified.

Gordon

Derek

I've this discussion into it's own topic, it's not fair on the OP to have posts not relevant to their situation in their topic.

Derek4 wrote: Sorry Gordon, but if an FTF or new medical evidence is not required to move a claimant from SG to WRAG, then the DWP can arbitrary take these actions. As far as I can see, regulation 6 does not give them this power.

I'm sorry, but again no one is saying this! The ESA legislation requires an assessment to be carried out before a new Decision can be made but it does not require that the assessment is a face to face.

Gordon