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ESA - Request Statement of Reasons?

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12 years 10 months ago #57777 by mbzowska
ESA - Request Statement of Reasons? was created by mbzowska
In July 2010, my sister won her ESA appeal (Mental Health grounds)and went from zero points to "at least" 24 points. She was reviewed in March 2011 and following her medical in April 2011, she has received Form ESA 72 informing her that she has/can be treated as having limited capability and her ESA will continue. She is in the WRAGrp and the Form states that her case will come up for review in mid August 2011, when she may have to fill in another questionnaire and undergo another medical assessment. We are concerned that the review period is so short. Should we ask for a written statement of reasons? My thinking is that this information might help if eg she is turned-down at the next review and we have to appeal at that stage.

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12 years 10 months ago #57779 by Gordon
Replied by Gordon on topic Re:ESA - Request Statement of Reasons?
EmilyB

The re-assessment date is usually the result of the ATOS HCPs "opinion" as to when a return to work might be expected.

I'll not go into how accurate these dates are, suffice to say, not many claimants agree with them.

You can ask for the medical report from you local DWP office, either by phone or letter, it usually takes a week.

Gordon

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

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12 years 10 months ago #57782 by Chris_63
Replied by Chris_63 on topic Re:ESA - Request Statement of Reasons?
Hi Emily

I friend of mine has a simialr problem, in that he was assessed very soon after being placed in the support group.

We wrote to the Chief Executive of Darra Singh, and copied in the local MP, together with the Minister for the disabled.

Whilst the DWP did not provide reasons other than to re-state it was down to the advice given by Atos, I think the more people that highlight this situation at the highest level, then potentially there may be some change to more realistic review periods.

It seems to me that the DWP do not have clear consistent guidelines upon which these reviews are based, and I beleive the decision makers should be scrutinising the advice of Atos more closely.

It must be costing a fortune to send out all these short term reviews, together with the face to face assessments that usually go hand in hand.

I would urge anyone to contact their MP if they feel the review dates are not reflective of the problems they face.

Good luck with it all.

Chris

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  • juliette
12 years 10 months ago #57792 by juliette
Replied by juliette on topic Re:ESA - Request Statement of Reasons?
I really do think the government have conjured up something which is going to cause irreversible damage to alot of very ill people, and is going to cost more money,than they are trying to save!

These medicals are coming too quickly and it's all to put people off,I think. It's also very hypicritical as for example, I was awarded both middle for DLA some years ago and last year (nothing had changed)I was awarded both low until 2014! What if I fail the 'test' and lose my DLA? Then seriously it's all just a load of codswollop. Of course it's all to save money and they WILL pick on the vunerable..Good job I'm touching a 'manic' faze,as I have so much paperwork to do!

I will fight to defend my illness,as I don't think there is an employer in the land who will let me have 'respite' on my 'mad' weeks (or am I missing something?

The protection for people with mental disabilties in this country is ...well there isn't any,as personally,I have faced so much discrimination over the years!

I just feel so sad for anyone who is going through this..Take care everyone and good luck

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12 years 10 months ago #57866 by mbzowska
Replied by mbzowska on topic Re: ESA - Request Statement of Reasons?
Thank you very much for all the replies. I think I will go ahead and ask for the Medical Report and Statement of Reasons.

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