IB to ESA transfer

Kate wrote: I have now had a third 'standard' letter that answers absolutely none of the questions we have posed in previous letters, and supplies none of the requested information, including clarification about what they have told us to do in previous letters.

For the third time, the letter speaks of "your application for jobseekers allowance". The second sheet of the letter is on the second side of the first sheet and does not contain a closing signature line - it almost looks like it is someone else's letter. Additionally, it now seems that the claim is being dealt with by an office 400 miles away from us!

Despite 4 calls from my husband asking for a callback, still none has come.

I think this is maladministration.

Any advice on what we can do?

Let's go back to basics, what documentation are you trying to get from the DWP and what wuestions do you need answering?

Gordon

Kate

The problem is that, with the exception of the SoR (see below), the DWP are under no obligation to create these documents in order for them to make a Decision on your claim.

The SoR has a slightly different status, as in principle it should be produced if requested, however, there is no clear definition as to the format that a SoR must conform to, there is for example no standard form to be used. To confuse even further, it is possible for the DWP to be relieved of the requirement to produce a SoR, if they believe that they have already provided the information, even of this was orally and over the phone.

The best that you can is to make a Subject Access Request, which you have already put in motion, for all of the documents that the DWP hold on you, however, it is worth noting that all of the documents used in the Decision should be sent to you in the "appeal pack", if the Decision Maker does not revise the Decision in your favour, and your case goes to the Tribunal Service.

It is not unusual for the DWP to include JSA literature when responding to an ESA appeal, but it is unusual for them to refer to JSA in letters in connection with an ESA claim, but I cannot say whether this is anything more than incompetence.

As you are in the WRAG, appealing to be placed in the Support Group, then you do not need to provide Fit Notes and will continue to receive the WRAG rate while you appeal, subject to the 365 payment limitation for ESA(CB) for members of the WRAG.

If you made your original request for appeal over the phone, then this may explain the request for a GL24, as appeals can only be made in writing, the latest letter indicates that a Reconsideration has already been carried out, this being the case, it is unlikely that there will be any significant attempt to carry out a new Reconsideration as a result of your appeal, so I would not be surprised if the next significant communication is the appeal pack I mentioned earlier.

If you have more questions, please reply to this topic.

Gordon

TiredOut wrote: Thanks Gordon.

We have put in a written GL24, and sent it recorded delivery: it was signed for 10 days before this recent letter saying that if we wanted to appeal we needed to send in a GL24.

Do you think we should go to our MP or complain to DWP about maladministration, or is this sort of incompetence standard practice?

If only someone dealing with the case would phone back, it could all be clarified and sorted out really easily, but, we've been waiting over 3 weeks now, and have made 4 requests...

There can be value in involving your MP, but as I stated in a previous post, they cannot interfere with the actual process, merely expidite activity.

With regard a complaint, to be honest your experience is not really any worse than many on the forum have suffered, however, this does not mean that you should accept it as standard. See

Complaining to the DWP

If you are just phoning the number on the letters then you are only speaking to a member of the Call Centre staff, many are well trained and helpful, but a significant minority are not. If you want to get a call back, you need to ask to speak to a Customer Service Manager, which will require a call back.

Gordon