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DWP refuse to send decision letter
- Triumph62
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5 years 4 months ago #242215 by Triumph62
DWP refuse to send decision letter was created by Triumph62
My ESA was recently reassessed, but I had to chase the DWP for a decision several months after CHDA appointment was cancelled, because they felt I did not need to be seen. I was initially reassured that it would just take a few weeks to have a decision confirmed, but that as I had been recommended for support group by the CHDA I had nothing to worry about.
After another 8 weeks I finally managed to get through to the call centre (usual wait time was over 1 hour). I was informed that there was no record on the system of my reassessment being processed, other than the CHDA info being sent to the DWP. The call handler finally managed to track down the office handling my claim and speak to a someone, but not the decision-maker for my claim. I was informed that I had been placed in Support Group, to be reassessed in 2 years time, but that no letter would be sent to confirm that.
I queried the legality of no decision letter, and a week later received a strangely confused letter confirming the amount of my ESA from April 2019, despite the letter being dated much more recently. The wording of the letter was a bit messed up, talking about April in the future, when it was actually many months in the past.
My question is should I make a complaint and insist on a decision letter or just rely on my recordings of the telephone calls - which I informed them I was making? Also, is this common practice now, for the DWP not to send a decision letter if Support Group is continued after reassessment? Any suggestions or comments would be helpful.
After another 8 weeks I finally managed to get through to the call centre (usual wait time was over 1 hour). I was informed that there was no record on the system of my reassessment being processed, other than the CHDA info being sent to the DWP. The call handler finally managed to track down the office handling my claim and speak to a someone, but not the decision-maker for my claim. I was informed that I had been placed in Support Group, to be reassessed in 2 years time, but that no letter would be sent to confirm that.
I queried the legality of no decision letter, and a week later received a strangely confused letter confirming the amount of my ESA from April 2019, despite the letter being dated much more recently. The wording of the letter was a bit messed up, talking about April in the future, when it was actually many months in the past.
My question is should I make a complaint and insist on a decision letter or just rely on my recordings of the telephone calls - which I informed them I was making? Also, is this common practice now, for the DWP not to send a decision letter if Support Group is continued after reassessment? Any suggestions or comments would be helpful.
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- Gordon
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5 years 4 months ago - 5 years 4 months ago #242226 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP refuse to send decision letter
Driver
All Decisions have to be notified to the claimant in writing or you can argue that the Decision does not exist.
I think that the letter you have received is the DWP's attempt at sending one, the letters used by the DWP for ESA are truly appalling and we regularly have members querying the contents of what they have received, we are rarely able to help as they usually lack any discernible content.
Whether you should chase them or make a complaint? It's up to you but as ESA is an indefinite award and you have remained in the same group so there is no question of you challenging the Decision, there may be little value in your doing so.
Gordon
All Decisions have to be notified to the claimant in writing or you can argue that the Decision does not exist.
I think that the letter you have received is the DWP's attempt at sending one, the letters used by the DWP for ESA are truly appalling and we regularly have members querying the contents of what they have received, we are rarely able to help as they usually lack any discernible content.
Whether you should chase them or make a complaint? It's up to you but as ESA is an indefinite award and you have remained in the same group so there is no question of you challenging the Decision, there may be little value in your doing so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 4 months ago by Gordon.
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