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Restricted Functions Query
- busterbilly
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11 years 1 month ago - 11 years 1 month ago #103380 by busterbilly
Restricted Functions Query was created by busterbilly
I am hoping someone may be able to help. I am currently helping my partner to appeal against the ESA decision which placed him in the Work Group, as we believe he should be in the Support Group. I have received a letter which says they are looking into my partners appeal but asks Please explain what oother restricted functions you have. I have phoned and asked DWP for an explantion of this sentence but have not yet received a callback. Can anyone explain this sentence to me please? Also, I believe that our appeal has now been passed on to the tribunals service. Can the dwp reverse the decision and take my partner out of the tribunals process if the evidence they ask for in the letter is supplied?
Many thanks for any help that anyone can give.
Many thanks for any help that anyone can give.
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago - 11 years 1 month ago #103384 by Gordon
Most DWP letters are from a standard template, so there may be no specific meaning to the phrase.
Both the DWP and a Tribunal can only consider your condition as it was at the time of the original Decision, so there is no opportunity for you to detail any new or deteriorated condition, unless you can show that you had the condition at that time.
So, on the assumption that you explained your condition(s) in detail on the ESA50, I would not worry about it.
With regard your second question, if the DWP make a Decision that is more advantageous to the claimant than the original one, then they can lapse the appeal, as you are appealing for the SG from WRAG, the only Decision that would result in this would be that you have been placed in the SG.
Gorodn
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Replied by Gordon on topic Restricted Functions Query
busterbilly wrote: I am hoping someone may be able to help. I am currently helping my partner to appeal against the ESA decision which placed him in the Work Group, as we believe he should be in the Support Group. I have received a letter which says they are looking into my partners appeal but asks Please explain what oother restricted functions you have. I have phoned and asked DWP for an explantion of this sentence but have not yet received a callback. Can anyone explain this sentence to me please? Also, I believe that our appeal has now been passed on to the tribunals service. Can the dwp reverse the decision and take my partner out of the tribunals process if the evidence they ask for in the letter is supplied?
Many thanks for any help that anyone can give.
Most DWP letters are from a standard template, so there may be no specific meaning to the phrase.
Both the DWP and a Tribunal can only consider your condition as it was at the time of the original Decision, so there is no opportunity for you to detail any new or deteriorated condition, unless you can show that you had the condition at that time.
So, on the assumption that you explained your condition(s) in detail on the ESA50, I would not worry about it.
With regard your second question, if the DWP make a Decision that is more advantageous to the claimant than the original one, then they can lapse the appeal, as you are appealing for the SG from WRAG, the only Decision that would result in this would be that you have been placed in the SG.
Gorodn
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago - 11 years 1 month ago #103417 by busterbilly
Replied by busterbilly on topic Restricted Functions Query
Dear Gordon
Thanks for your reply.
To be honest I am not really too sure what is happening?!
The heading of the letter says "About your appeal for Support Group".
It goes on to say that a named person is looking into my appeal against non-inclusion in the support group but at present does not have sufficient medical evidence to consider this component?
It then goes on to ask a series of questions specifically aimed at my partners illnesses and disabilities.
This letter is dated 11 March but apparently the decision was reconsidered on 4th April and as we had not been able to supply the information asked, and had not replied to the letter before that date, the original WRAG group decision has been upheld and my appeal has now been sent to the Tribunals Service.
I have been able to gather some of the medical evidence that is asked for but am annoyed that as I only received the letter on the 16th March, a decision was reached 14 days later (excluding weekends), I wasnt really given enough time to respond before the decision was upheld.
I am going to send in the information requested asap. Should I also send it to the Tribunals Service?
Thanks again for your help
Thanks for your reply.
To be honest I am not really too sure what is happening?!
The heading of the letter says "About your appeal for Support Group".
It goes on to say that a named person is looking into my appeal against non-inclusion in the support group but at present does not have sufficient medical evidence to consider this component?
It then goes on to ask a series of questions specifically aimed at my partners illnesses and disabilities.
This letter is dated 11 March but apparently the decision was reconsidered on 4th April and as we had not been able to supply the information asked, and had not replied to the letter before that date, the original WRAG group decision has been upheld and my appeal has now been sent to the Tribunals Service.
I have been able to gather some of the medical evidence that is asked for but am annoyed that as I only received the letter on the 16th March, a decision was reached 14 days later (excluding weekends), I wasnt really given enough time to respond before the decision was upheld.
I am going to send in the information requested asap. Should I also send it to the Tribunals Service?
Thanks again for your help
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago #103428 by Gordon
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Replied by Gordon on topic Restricted Functions Query
BB
You will have to forgive me but I am a little confused, if your appeal has been passed to the Tribunal Service, then the DWP should not be contacting you for further information, especially if you have already received written notification that a Reconsideration has been done and the original Decision has been upheld.
Have you received the evidence packet from the DWP when they pass your papers to the Tribunal Service, and when?
Was this document included in the evidence packet or did you receive it separately (11 March)?
When did you receive notice of the Reconsideration (25 March?)?
If your papers are now with Tribunal Service then all further communication on this matter should be sent to them, you should not contact the DWP directly.
Gordon
You will have to forgive me but I am a little confused, if your appeal has been passed to the Tribunal Service, then the DWP should not be contacting you for further information, especially if you have already received written notification that a Reconsideration has been done and the original Decision has been upheld.
Have you received the evidence packet from the DWP when they pass your papers to the Tribunal Service, and when?
Was this document included in the evidence packet or did you receive it separately (11 March)?
When did you receive notice of the Reconsideration (25 March?)?
If your papers are now with Tribunal Service then all further communication on this matter should be sent to them, you should not contact the DWP directly.
Gordon
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11 years 1 month ago - 11 years 1 month ago #103442 by busterbilly
Replied by busterbilly on topic Restricted Functions Query
Dear Gordon
Thanks again for your reply.
Sorry, I should have made myself clearer.
I received a letter on the 16 March about my appeal. This is the letter dated 11 March and the one i am referring to above.
I was in the process of gathering the information asked for in the letter, and phoned the DWP to tell them I was doing this.
Then I received the big pack of paperwork from the Tribunals Service. I have now received a letter from the Tribunals Service asking me if I want to go ahead with the appeal.
I have not actually received any notice of reconsideration, allthough I know that the decision was reconsidered on 4th April as this is stated in the big pack of evidence.
Also included is a statement from the decision maker which states that despite extending a BF (bring forward) date on a letter dated 11 March, the decision maker has not received a reply.
I will send all the information asked for to the Tribunals Service then and not to DWP as you suggested.
If it helps, the letter dated 11 March has the following letters in the bottom left hand corner DMACR LTR1.
Do you know what a bring forward date is or what they are referring to? The letter does not state I need to reply by a certain day or give a date that I must reply by. This is why I am annoyed that despite ringing them and telling them I was gathering the information, the decision was reconsidered just 14 days later.
Thanks again and sorry again for not making myself clearer.
Thanks again for your reply.
Sorry, I should have made myself clearer.
I received a letter on the 16 March about my appeal. This is the letter dated 11 March and the one i am referring to above.
I was in the process of gathering the information asked for in the letter, and phoned the DWP to tell them I was doing this.
Then I received the big pack of paperwork from the Tribunals Service. I have now received a letter from the Tribunals Service asking me if I want to go ahead with the appeal.
I have not actually received any notice of reconsideration, allthough I know that the decision was reconsidered on 4th April as this is stated in the big pack of evidence.
Also included is a statement from the decision maker which states that despite extending a BF (bring forward) date on a letter dated 11 March, the decision maker has not received a reply.
I will send all the information asked for to the Tribunals Service then and not to DWP as you suggested.
If it helps, the letter dated 11 March has the following letters in the bottom left hand corner DMACR LTR1.
Do you know what a bring forward date is or what they are referring to? The letter does not state I need to reply by a certain day or give a date that I must reply by. This is why I am annoyed that despite ringing them and telling them I was gathering the information, the decision was reconsidered just 14 days later.
Thanks again and sorry again for not making myself clearer.
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago #103446 by Gordon
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Replied by Gordon on topic Restricted Functions Query
BB
I have not seen the phrase "bring forward" before but take it to mean that they had written to you to request the information, based on your post, either your call that you were sourcing the requested information was not logged on your file, or it was ignored and a Decision made on your partner's claim.
If you do send this information to the Tribunal Service it would worth including a covering letter stating that the Reconsiderations Decision was made before had a chance to collect the information requested.
Make sure that any papers you send have the claimant full name, National Insurance Number and Date of Birth on each page.
Gordon
I have not seen the phrase "bring forward" before but take it to mean that they had written to you to request the information, based on your post, either your call that you were sourcing the requested information was not logged on your file, or it was ignored and a Decision made on your partner's claim.
If you do send this information to the Tribunal Service it would worth including a covering letter stating that the Reconsiderations Decision was made before had a chance to collect the information requested.
Make sure that any papers you send have the claimant full name, National Insurance Number and Date of Birth on each page.
Gordon
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