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no statement of reasons

  • Sue
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11 years 6 days ago - 11 years 6 days ago #101394 by Sue
no statement of reasons was created by Sue
Can anyone make sense of this? I have a letter stating I've been put in the WRAG group for ESA and I also have a copy of my ESA85 which says that I cannot mobilise more than 100m or raise either arm above head height as if to reach for something. However, I just spoke to JCP to find out why I haven't received my statement of reasons, which I requested on 14/3 and I was told they don't have a copy of the statement of reasons and also that I scored no points? How can they have placed me in WRAG without any reasons and how can I have a report saying I can't do things that would score me points, and then be told that I scored no points? I am really confused. How do I appeal if I don't have a statement of reasons?


thank you
Last edit: 11 years 6 days ago by bro58.

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  • bro58
11 years 6 days ago - 11 years 6 days ago #101397 by bro58
Replied by bro58 on topic no statement of reasons

Sue wrote: Can anyone make sense of this? I have a letter stating I've been put in the WRAG group for ESA and I also have a copy of my ESA85 which says that I cannot mobilise more than 100m or raise either arm above head height as if to reach for something. However, I just spoke to JCP to find out why I haven't received my statement of reasons, which I requested on 14/3 and I was told they don't have a copy of the statement of reasons and also that I scored no points? How can they have placed me in WRAG without any reasons and how can I have a report saying I can't do things that would score me points, and then be told that I scored no points? I am really confused. How do I appeal if I don't have a statement of reasons?


thank you


Hi S,

The only way that you could have been placed into The WRAG without scoring the requisite minimum 15 points required across all or any of The WRAG descriptors :

WRAG (LCW) Descriptors

Qualifying for the WRAG

Would be if you were placed into The WRAG under The Exceptional Circumstances Rules, ESA Reg 29 :

ESA Reg 29 for entry to The WRAG (LCW)

Whether you have gained entry to The WRAG on points, in which case is should state something like, you have fulfilled the qualifying criteria under "Schedule 2" in that you have Limited Capability for Work (LCW) or under Reg 29, it should say so.

As you state that you have an ESA85, I am assuming that you attended a face to face. An ESA85A would be generated in the case of a paper assessment.

The ESA85A's are generally pretty vague, whereas the ESA85's are generally more detailed.

Please see below a list of potentially available ESA Documents which may or may not be available :

ESA Forms

ESA medical – what forms to ask for?

ESA72 Form

You can make a request for ALL documentation used in coming to the decision by issuing a SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

It will not be the first time that a score sheet has not been generated.

bro58
Last edit: 11 years 6 days ago by bro58.

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11 years 6 days ago #101398 by slugsta
Replied by slugsta on topic no statement of reasons
I was told by someone at DWP that a Statement of Reasons is only produced if you are not awarded ESA. Very few of our members have actually managed to get hold of these elusive documents!

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

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  • bro58
11 years 6 days ago - 11 years 6 days ago #101399 by bro58
Replied by bro58 on topic no statement of reasons
Hi S,

If you look at The WRAG Descriptors from the link :

WRAG (LCW) Descriptors

" 1. (c)Cannot either:
(i)mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;
or
(ii)repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion."


Gives you 9 points.

"3. Reaching

(c)Cannot raise either arm above head height as if to reach for something."


Gives you 6 points.

There are your 15 points for WRAG entry.

So you have qualified for WRAG under :

1. (c) (i) or 1.(c) (ii) = 9 Points

3. (c) = 6 Points

Total = 15 Points


bro58
Last edit: 11 years 6 days ago by bro58.

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11 years 6 days ago - 11 years 6 days ago #101400 by Gordon
Replied by Gordon on topic no statement of reasons
Legally claimants have a right to request a Statement of Reasons, however, there is no defined format for a SoR and more importantly, the DWP are not required to produce one if they believe that the information that it might contain, has already been provided to the claimant, this includes information included in a phone conversation.

For this reason we do not advise claimants to wait for a SoR to be produced before lodging an appeal, despite the fact that in principle it extends the period available to make that appeal.

The most likely scenario is that you will not receive a SoR, in fact, in three years of moderating I can only recall one member who has actually received a document labelled as a SoR.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 6 days ago by Gordon.
The following user(s) said Thank You: Sue , Spanasog

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  • bro58
11 years 6 days ago - 11 years 6 days ago #101401 by bro58
Replied by bro58 on topic no statement of reasons
To qualify for The SG, you needed to qualify under at least one of The Schedule 3 SG Descriptors :

SG (LCWRA) Descriptors

Qualifying for the Support Group

These are not point based.

Or, The Exceptional Circumstances Rules, ESA Reg 35. :

ESA Reg 35 for entry to The SG (LCWRA)

bro58
Last edit: 11 years 6 days ago by bro58.

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