Help/advice needed- how best to format my reasons

I have in front of me

1.My ESA85

2.My ESA85 decision makers score sheet

3.A form numbered LT54(DMACR)This seems to have been filled in by the decision maker from the benefit centre.

4.Copy of my ESA50.

I have already appealed,and put on my appeal that i would forward reasons after i had seen and digested some of the forms above,this i have now done.

Is it the LT54(DMACR)form i highlight what i disagree with OR the HCP report (ESA850)26 pages long?

How do i set my letter out?

John wrote:

I have in front of me

1.My ESA85

2.My ESA85 decision makers score sheet

3.A form numbered LT54(DMACR)This seems to have been filled in by the decision maker from the benefit centre.

4.Copy of my ESA50.

I have already appealed,and put on my appeal that i would forward reasons after i had seen and digested some of the forms above,this i have now done.

Is it the LT54(DMACR)form i highlight what i disagree with OR the HCP report (ESA850)26 pages long?

How do i set my letter out?

Hi J,

I assume from your post that your appeal has had a reconsideration by the DWP DM, and the adverse "fit for work" decision still stands.

As well as pointing out any discrepancies, you should concentrate on going into detail on how you qualify for entry to the WRAG, see :

Qualifying for the WRAG

By scoring 15 points or more cumulatively in the WRAG (LCW) descriptors, see :

www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

Or entry to the Support Group, (LCWRA) see :

Qualifying for the Support Group

By fulfilling one or more of the SG descriptors, see :

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

I am afraid we cannot tell you how to format this but there is advice in our :

ESA Claims and Appeals section, see :

www.benefitsandwork.co.uk/help-for-claimants/esa

&


ESA FAQ’s

Appeals FAQ’s

Hope this is useful.

bro58

Thanks bro58

Since they received my appeal form on the 29th July,i have'nt heard anything from the DWP DM.Its now only a few days away from the original letter telling me that i am fit for work appeal deadline.

Hi J,

I am a bit confused, did you receive the documents that you listed due to a request by yourself, or have they just arrived ?

It is just that the LT54(DMACR) that you mention is generally filled in by the DM when he carries out a reconsideration, see LT54(DMACR) in :

ESA Forms

I was therefore assuming that an automatic reconsideration had taken place, the decision had not been changed, you had received the evidence pack, and it was going forward to appeal.

Please correct me if I'm wrong.

bro58

Hi J,

After reading your last post, if you have already submitted an appeal, (however brief the content may be) as you say they received your appeal form on 29th July, then you have officially appealled, and do not have to worry about the one month deadline.

As you may know, on appealling, an automatic reconsideration will take place.

This is done by a different more senior DM to the one that made the original adverse decision, if the decision is not changed at reconsideration, your appeal will automatically be sent forward to the Appeals Tribunal Service, you should be notified, and an evidence pack should be sent to you.

The only imminent time constraints that you may face now, is if you wish to submit evidence to try and sway the DM to change the decision on reconsideration, therefore avoiding the need for an Appeals Tribunal Hearing.

You can submit evidence to the Tribunal if it goes forward to appeal upto around a fortnight before the actual appeal hearing.

bro58

hi bro

I know whats happened here now after your next but last post i had a good look through the papers etc that was sent to me.After my appeal that they got on 29th july,which i also requested the above forms thats in my OP,i received the ESA85,the ESA85 decision makers scoresheet and the LT54(DMACR).They sent all the pages loose,all 17 pieces of paper(34 pages of writing).They were all mixed up,upside down and everything.The LT54(DMACR) which with your help i now notice is the revision decision.What i don't understand is that the LT54(DMACR)is dated the 23rd july,6 days BEFORE they received my appeal.

None of the tick boxes have been ticked

It says Conversion decision(no LCW disallowance)what does that mean?

There's a name at the end,i presume is the DM,but its unsigned