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Advice needed please re ESA Appeal process

del
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11 years 8 months ago - 11 years 8 months ago #109628 by del

Replied by del on topic Advice needed please re ESA Appeal process

Gordon wrote:
del wrote: Oh, I am confused again All my ESA paperwork and general dealings are dealt with at a Jobcentre Office that is in a completely different area to where I attend the Jobcentre Office for Adviser interviews. Would it be the main general Jobcentre or the Jobcentre where my adviser is based that I send SAR to?

It does not help that they both use headed paper marked JobCentrePlus

The easiest way to separate them is to think of the DWP as the people who deal with your claim and the JC+ as the people who you speak to about WFIs and Work Related Activity.

JC+ offices are located in most towns, DWP offices service a geographical area and often have a mail drop that is in an entirely different, so my JC+ office is in the next town, but my DWP office is in a town about 40 miles away but I actually contact them through Birmingham which is even further away in the opposite direction.

So your advisor is in a JC+ office, likely in your town or nearby.

Gordon

Thanks Gordon, great explanation. Exactly, both are called Jobcentre Plus with one in one town and the other in the adjoining town.

Last edit: 11 years 8 months ago by Gordon.

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del
Topic Author

11 years 8 months ago - 11 years 8 months ago #109852 by del

Replied by del on topic Advice needed please re ESA Appeal process

I read somewhere, it was guidance handbook I think, that it should be considered that not being fit for part-time work could also mean not being fit for WRAG. Has anyone came across it and if so any idea which handbook or guidance notes it is in? Also, if found is it alright to use quotes from DMs handbooks in giving my own opinion?

Last edit: 11 years 8 months ago by Gordon.

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Gordon
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11 years 8 months ago #109854 by Gordon

Replied by Gordon on topic Advice needed please re ESA Appeal process

del wrote: I read somewhere, it was guidance handbook I think, that it should be considered that not being fit for part-time work could also mean not being fit for WRAG. Has anyone came across it and if so any idea which handbook or guidance notes it is in? Also, if found is it alright to use quotes from DMs handbooks in giving my own opinion?

You could have a look in the WCA Handbook (Members area), but I would be surprised to see it. The ESA assessment, despite all the hype from the government does not test a claimants ability to work, whether that is one hour a week, 35 or a 100 hours.

Yes, you can quote from DWP handbooks, but I would recommend that you are not verbose in doing so and it is always worth including a reference to the document being quoted from.

Gordon

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

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del
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11 years 8 months ago - 11 years 8 months ago #109911 by del

Replied by del on topic Advice needed please re ESA Appeal process

Due to incomplete information being supplied to me in SAR do I have to wait a further 40 days if I ask why the omitted information has been withheld from me, and for them to supply me with the omitted information? There is a general letter attached re being able to hold back information but it is general and does not relate to me personally.

Last edit: 11 years 8 months ago by Gordon.

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Gordon
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11 years 8 months ago #109917 by Gordon

Replied by Gordon on topic Advice needed please re ESA Appeal process

del wrote: Due to incomplete information being supplied to me in SAR do I have to wait a further 40 days if I ask why the omitted information has been withheld from me, and for them to supply me with the omitted information? There is a general letter attached re being able to hold back information but it is general and does not relate to me personally.

It depends why the information is missing.

If it was encompassed within the original request, then in principle there should be no reason why you have to wait a further 40 days.

If the reason that it is missing is because the DWP do not think it is part of the original request then you would have to submit a new request and they would have a further 40 days to respond.

So you need to contact to find out why there is data missing, before you can proceed further.

Gordon

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

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bro58

11 years 8 months ago #109918 by bro58

Replied by bro58 on topic Advice needed please re ESA Appeal process

Hi d,

Sometimes when The DWP Data Controller provides information as the result of a SAR, they provide a direct contact e-mail/telephone number with the accompanying letter.

If this is the case, you could contact them direct to expedite matters.

bro58

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Advice needed please re ESA Appeal process

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