esa decision

hi thanks for the swift reply you've been very helpful many thanks.

edward wrote: hi thanks for the swift reply you've been very helpful many thanks.

Hi e,

Glad to have helped !!

You might want to Bookmark/Favourite this page in your internet browser.

You can then find the topic again easily, and repost to the topic if you have any further queries.

Please do keep us updated.

bro58

hi can I clarify one thing when requesting the ESA85A, ESA113 and the LT54 do I request this by sending a SAR and if so will I have to wait for these documents to arrive before asking for a mandatory reconsideration? as I would need the info from these documents to make my case for a reconsideration. thanks

edward wrote: hi can I clarify one thing when requesting the ESA85A, ESA113 and the LT54 do I request this by sending a SAR and if so will I have to wait for these documents to arrive before asking for a mandatory reconsideration? as I would need the info from these documents to make my case for a reconsideration. thanks

Hi e,

You can make a verbal request for the documents over the phone.

However, from experience on the forum, some members have had problems in obtaining any documents other than The ESA85A by doing this.

It may therefore be best to make the verbal request, if you so wish, then back it up by requesting all documents with a SAR.

You should make the MR request within one month, whether the documents have arrived or not.

You could make comment in your MR request that you have requested the docs, and will provide further information when you have them.

Although pointing out errors in the ESA85A Medical Report will help, the important issue with your MR request is to reiterate how and why you qualify for The SG.

So, in the first instance you should do that.

See : Qualifying for the Support Group

The only way that you will be placed into The SG at MR, or Tribunal Hearing (if it gets that far) will be to show that your limitations fulfill at least one of The SG qualifying descriptors. (At the time of the adverse WRAG award) :

SG (LCWRA)Schedule 3 Descriptors

Or, that you qualify for The SG under ESA Reg 35. (2) (a) & (b)

"(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity."

From :

ESA Reg 35 for entry to The SG (LCWRA)

Our Appeals/MR Guide should help with this.

bro58

hi, just to update you, requested an ESA85A, ESA113 and a LT54 using the SAR form download from the site this was on the the 9th dec and also requested a reconsideration of the award of ESA WRAG to the support group which I sent on the 10 dec I sent both letters recorded delivery and confirm both received via royal mail. to date I haven't heard anything from them can anyone advise me on what to do next? I also have my first WFI this week at the job centre feel a bit worried about what to expect can anyone advise on what to expect?

edward wrote: hi, just to update you, requested an ESA85A, ESA113 and a LT54 using the SAR form download from the site this was on the the 9th dec and also requested a reconsideration of the award of ESA WRAG to the support group which I sent on the 10 dec I sent both letters recorded delivery and confirm both received via royal mail. to date I haven't heard anything from them can anyone advise me on what to do next? I also have my first WFI this week at the job centre feel a bit worried about what to expect can anyone advise on what to expect?

Hi e,

It is only just over the 40 calendar days that the DWP have to respond to your SAR, and we have had Xmas/New Year in between.

You could send another letter, with the threat of a complaint to The ICO : ico.org.uk/complaints

Again, it is still early days with respect to your MR, but it may be a good idea to contact the DWP and request an update.

The usual format of an initial WFI is to gain information regarding your CV, education, qualifications, works experience and your limitations.

You should inform them that you have requested an MR to gain access to The SG.

If you feel that you cannot not make it to the WFI, you could telephone the JS Plus Adviser, and request that the WFI takes place over the phone.

Unfortunately, you cannot insist on this, but you should make the adviser aware of any limitations that you may suffer.

Other members/Mods are welcome to provide further input regarding their experiences with WFI's

bro58