Asking for a written statement of reasons

KennyF wrote: I've been told that I've once again been placed in the WRAG having filled in an ESA50. This time round I'm considering appealing on the basis that I should qualify for the SG under the exceptional circumstance rule. I phoned up the Jobcentre and asked for a written statement of reasons for their decision, and they have sent me a copy of the ESA85A medical report form.

a) am I right in thinking that the ESA85A is not the same as a written statement of reasons, and that I am entitled to an actual letter explaining the DWP's decision – the kind of thing I've had in the past when applying for DLA?

b) The ESA85A makes reference to the ESA50 that I filled in and a Med 3, which I assume was a form filled in by my GP. Am I entitled to ask for a copy of the Med 3 at this stage?

Thanks for your help as always.

Whilst a claimant is entitled to ask for a written Statement of Reasons following any Decision, I have to warn you that in more than three years of Moderating on B&W I know of only one person actually receive one.

There is no defined format for a SoR and the DWP are entitled to provide other documentation if they believe that it contains the same information as a SoR would, most importantly they are not required to provide a SoR if they believe they have already provided the information, albeit in another form.

The ESA85A medical report is produced by ATOS based on your ESA50 and any medical evidence you supplied, it should contain a recommendation on what level of ESA you should be awarded, and in theory, why.

A Med-3 is a Fit Note, as you yours was a re-assessment, I would think it unlikely that you supplied one, we do know that the LiMa software that is used during an assessment often prints that a Med-3 was checked when none existed. You are certainly entitled to request a copy, should the DWP actually have one.

You might also want to have a look at.

ESA medical – what forms to ask for?

ESA Forms

Gordon