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Awaiting Result of Assessment
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5 years 11 months ago #231922 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awaiting Result of Assessment
Zonky
You can make a further appeal to the Upper Tier Tribunal but not on the merits of your claim, only on whether the Decision has been made in a proper way.
Have you actually had a Decision on the claim? I appreciate you want to understand the options available but you are getting way ahead of where you actually are.
Gordon
You can make a further appeal to the Upper Tier Tribunal but not on the merits of your claim, only on whether the Decision has been made in a proper way.
Have you actually had a Decision on the claim? I appreciate you want to understand the options available but you are getting way ahead of where you actually are.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Zinny
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5 years 10 months ago #233216 by Zinny
Replied by Zinny on topic Awaiting Result of Assessment
Gordon - I am pleased to tell you that 7 weeks after the assessment my family member has been placed in the support group - but only for 12 months. I was very worried that since I was unable to explain their problems at the Assessment they would lose their benefits. Your Member's Guides were a great help.
Since this means we will have to go through this terrible ordeal again in a year I want to ask you a question. Even though this was a positive decision are we allowed to ask for a copy of the 85A medical report and also can we ask for information about the Decision Maker's findings - including what points were awarded? Reading other questions on this Forum - perhaps that is called a "Statement of Reasons"? Even though benefits will continue are we allowed to ask for a lot of information about that decision? This information will help next year, particularly if I am not around, as my family member's condition will not change. Thank you in advance.
Since this means we will have to go through this terrible ordeal again in a year I want to ask you a question. Even though this was a positive decision are we allowed to ask for a copy of the 85A medical report and also can we ask for information about the Decision Maker's findings - including what points were awarded? Reading other questions on this Forum - perhaps that is called a "Statement of Reasons"? Even though benefits will continue are we allowed to ask for a lot of information about that decision? This information will help next year, particularly if I am not around, as my family member's condition will not change. Thank you in advance.
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5 years 10 months ago - 5 years 10 months ago #233234 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awaiting Result of Assessment
Zonky
Very pleased for your family member.
Yes, they can request a copy of the report, as they had a face to face it will be an ESA85, this will show the Descriptors recommended by the assessor. They can request a Statement of Reasons from the Decision Maker but this is likely to be refused if the ESA85 is requested on the basis that the information has already been supplied.
They need to contact the DWP office dealing with their claim.
Gordon
Tags: @RESULT @ESA
Very pleased for your family member.
Yes, they can request a copy of the report, as they had a face to face it will be an ESA85, this will show the Descriptors recommended by the assessor. They can request a Statement of Reasons from the Decision Maker but this is likely to be refused if the ESA85 is requested on the basis that the information has already been supplied.
They need to contact the DWP office dealing with their claim.
Gordon
Tags: @RESULT @ESA
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 10 months ago by Gordon.
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5 years 10 months ago #233266 by Zinny
Replied by Zinny on topic Awaiting Result of Assessment
Thank you. If we might not get both documents wouldn't it be better to request a Statement of Reasons first? Will they agree to supply it? Will that detail how they awarded points? I'm guessing (I don't know) that this statement will give us more information than the Assessor's report (185A). I thought the Assessor's report is only part of the decision.
Can they refuse to supply it?
Can they refuse to supply it?
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5 years 10 months ago #233271 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awaiting Result of Assessment
Zonky
There's no problem with you asking for a SoR but I have to warn you that I can count on one hand the times that members have reported receiving one, the DM is supposed to provide one if requested but may just send the assessment report.
Gordon
There's no problem with you asking for a SoR but I have to warn you that I can count on one hand the times that members have reported receiving one, the DM is supposed to provide one if requested but may just send the assessment report.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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