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ESA Decision and SAR request
- Naughtybonbon
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11 years 3 weeks ago - 11 years 3 weeks ago #102488 by Naughtybonbon
I'll get my head round all this one day, by then it will all change again .......
ESA Decision and SAR request was created by Naughtybonbon
Hi
I would firstly like to thank everyone for the wonderful guide, insites and support from this website. Don't know what I would have done without them.
I missed a telephone call from DWP on 9 April so gave them a call back and spoke to a very chaming genleman.
He advised me that a decision had been mad on my ESA renewal following my WCAwith Atos the beginnging of Feb.
The outcome of the WCA was that I was found to have a limited capability for work and that I had been placed in the WRAG group
He then went on to say that there was also a change of circs and the DM had over ruled this and placed me in the Support group due to more information.
I have received two letters today, one stating that I have been moved from Support to WRAG and one stating that I have been moved from WRAG to support. I am a little anxious that what I was told was wrong.
Whilst I was on the telephone I also asked for a copy of the ESA85 and also info as how the decision maker came to their decision as I have recently made an application for DLA. He told me that the info can not be used for DLA as it is a different benefit as you can work and get DLA (personally I thought that it would help to confirm that I had a disability and I would like to see it regardless)
I am now going to put my SAR request in writing and have downloaded the form from DWP but do have a few questions.
Do I have to be specific about the forms/info that I am requesting and can I request the same information for my initial claim in 2011?
And can information provided in the ESA85 be submitted as evidance for my DLA/PIP claim whichever on I will be assessed on as it should state but I don't really hold much hope, that I do have mobility problems?
Sorry for the long post
Bon x
I would firstly like to thank everyone for the wonderful guide, insites and support from this website. Don't know what I would have done without them.
I missed a telephone call from DWP on 9 April so gave them a call back and spoke to a very chaming genleman.
He advised me that a decision had been mad on my ESA renewal following my WCAwith Atos the beginnging of Feb.
The outcome of the WCA was that I was found to have a limited capability for work and that I had been placed in the WRAG group
He then went on to say that there was also a change of circs and the DM had over ruled this and placed me in the Support group due to more information.
I have received two letters today, one stating that I have been moved from Support to WRAG and one stating that I have been moved from WRAG to support. I am a little anxious that what I was told was wrong.
Whilst I was on the telephone I also asked for a copy of the ESA85 and also info as how the decision maker came to their decision as I have recently made an application for DLA. He told me that the info can not be used for DLA as it is a different benefit as you can work and get DLA (personally I thought that it would help to confirm that I had a disability and I would like to see it regardless)
I am now going to put my SAR request in writing and have downloaded the form from DWP but do have a few questions.
Do I have to be specific about the forms/info that I am requesting and can I request the same information for my initial claim in 2011?
And can information provided in the ESA85 be submitted as evidance for my DLA/PIP claim whichever on I will be assessed on as it should state but I don't really hold much hope, that I do have mobility problems?
Sorry for the long post
Bon x
I'll get my head round all this one day, by then it will all change again .......
Last edit: 11 years 3 weeks ago by . Reason: Tick.
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- Gordon
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11 years 3 weeks ago #102493 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Decision and SAR request
NB
Congratulations on the award.
I have had a quick look through your previous posts, but cannot tell whether you were in the Support Group prior to this re-assessment, if you were then the letters are consistent with you being moved to the WRAG on assessment and then back to the Support Group on revision due to a Change of Circumstances.
If the letters are dated in this order, then I believe you can take the last letter as proof of you being in the SG, however, if this is not the case, or you are still unsure of your placement then I would call the DWP and ask for clarification and if necessary, the re-issue of the Decision letter.
With regard a SAR, you can be as specific or general as you wish, so you can ask for form1, form2, etc., all documents used in the making of the Decision dated xxx, or all documents held by the DWP for your, etc.
The ESA85 may be used as evidence for a DLA claim, however, there are only limited areas of overlap, primarily mobility and to a lesser extent continence, so the question of relevance will be considered. Even in the area of mobility, where the ESA is stricter than the DLA one, it will only be considered as a piece of evidence, albeit a strong one, not as proof that you meet the DLA requirements.
Gordon
Congratulations on the award.
I have had a quick look through your previous posts, but cannot tell whether you were in the Support Group prior to this re-assessment, if you were then the letters are consistent with you being moved to the WRAG on assessment and then back to the Support Group on revision due to a Change of Circumstances.
If the letters are dated in this order, then I believe you can take the last letter as proof of you being in the SG, however, if this is not the case, or you are still unsure of your placement then I would call the DWP and ask for clarification and if necessary, the re-issue of the Decision letter.
With regard a SAR, you can be as specific or general as you wish, so you can ask for form1, form2, etc., all documents used in the making of the Decision dated xxx, or all documents held by the DWP for your, etc.
The ESA85 may be used as evidence for a DLA claim, however, there are only limited areas of overlap, primarily mobility and to a lesser extent continence, so the question of relevance will be considered. Even in the area of mobility, where the ESA is stricter than the DLA one, it will only be considered as a piece of evidence, albeit a strong one, not as proof that you meet the DLA requirements.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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