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ib to esa transfer
- Gordon
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11 years 1 month ago #119766 by Gordon
Whether you are subject to a Mandatory Reconsideration will depend on the date of the Decision being challenged, if it was before 28 October 2013 then an MR is not required, if it was on or after, then an MR is usually needed.
According to your post the date of the Decision was 1 August 2013, so an MR is not required, however, the DWP will still carry out a Reconsideration of the Decision and if this is not successful they will pass your papers to the Tribunal Service for an appeal to be heard.
If you have any new evidence, that pertains to the date of the Decision, or can clarify any points raised by ATOS or the Decision Maker, then you can submit these to the process, you normally have four week to do this.
Gordon
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Replied by Gordon on topic ib to esa transfer
macker wrote: I received the appeal form and sent it off saying I was appealing, the DWP replied 13/2/2014 and said "we will look again at the decision and if appropriate , we will revise it" they went on to ask if I had further evidence which supported my appeal , to send it to them.IS THIS A MANDATORY RECONSIDERATION????ShouldI query this ?
Whether you are subject to a Mandatory Reconsideration will depend on the date of the Decision being challenged, if it was before 28 October 2013 then an MR is not required, if it was on or after, then an MR is usually needed.
According to your post the date of the Decision was 1 August 2013, so an MR is not required, however, the DWP will still carry out a Reconsideration of the Decision and if this is not successful they will pass your papers to the Tribunal Service for an appeal to be heard.
If you have any new evidence, that pertains to the date of the Decision, or can clarify any points raised by ATOS or the Decision Maker, then you can submit these to the process, you normally have four week to do this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- macker
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11 years 1 month ago - 11 years 1 month ago #119775 by macker
Replied by macker on topic ib to esa transfer
I was told in a DWP letter dated 4/2/2014 the decision was made to put me in the WRAG on the 20/06/2013 but not input till 01/08/2013 so this isn't a mandatory reconsideration.It also said that the writer had spoke to the "decision makers" and that "they are erring towards a favourable decision".
Can I ask them for a statement of reasons for the decision on 20/06/2013 now or should I wait for their reconsideration. I had a total hip replacement on the 13/10/2013 and this is the basis of my appeal. I have informed the DWP by phone soon after my operation, but havent told the "Dispute Resolution Team " at Perry Barr Benefit Centre who seem to be dealing with the reconsideration, but surely they will have access to this information. Very puzzled????
Can I ask them for a statement of reasons for the decision on 20/06/2013 now or should I wait for their reconsideration. I had a total hip replacement on the 13/10/2013 and this is the basis of my appeal. I have informed the DWP by phone soon after my operation, but havent told the "Dispute Resolution Team " at Perry Barr Benefit Centre who seem to be dealing with the reconsideration, but surely they will have access to this information. Very puzzled????
Last edit: 11 years 1 month ago by .
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- macker
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11 years 1 month ago #119781 by macker
Replied by macker on topic ib to esa transfer
I don't know any of the reasons why ATOS and the decision maker placed me in the WRAG , how many points I scored etc can I ask now? or have I missed the boat?
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11 years 1 month ago - 11 years 1 month ago #119784 by
Hi m,
Yes, you can make a formal request for all documentation pertaining to The WRAG award of 20/06/13.
This can be done by issuing a SAR :
SAR Form Download
From this page :
DWP Data Protection Policy
This may take some time as once received, the DWP have 40 calender days to comply.
You should address the envelope to the office that is dealing with your ESA, FAO The Data Controller. Write DPA 1998 Request in top left corner of envelope.
Sending Documents to the DWP or ATOS
bro58
Replied by on topic ib to esa transfer
macker wrote: I was told in a DWP letter dated 4/2/2014 the decision was made to put me in the WRAG on the 20/06/2013 but not input till 01/08/2013 so this isn't a mandatory reconsideration.It also said that the writer had spoke to the "decision makers" and that "they are erring towards a favourable decision".
Can I ask them for a statement of reasons for the decision on 20/06/2013 now or should I wait for their reconsideration. I had a total hip replacement on the 13/10/2013 and this is the basis of my appeal. I have informed the DWP by phone soon after my operation, but havent told the "Dispute Resolution Team " at Perry Barr Benefit Centre who seem to be dealing with the reconsideration, but surely they will have access to this information. Very puzzled????
Hi m,
Yes, you can make a formal request for all documentation pertaining to The WRAG award of 20/06/13.
This can be done by issuing a SAR :
SAR Form Download
From this page :
DWP Data Protection Policy
This may take some time as once received, the DWP have 40 calender days to comply.
You should address the envelope to the office that is dealing with your ESA, FAO The Data Controller. Write DPA 1998 Request in top left corner of envelope.
Sending Documents to the DWP or ATOS
bro58
Last edit: 11 years 1 month ago by .
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- slugsta
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11 years 1 month ago #119788 by slugsta
Am I missing something here? It is not possible to appeal based on events that occured after the decision. Have you had a more recent decision against which you are appealing? Or are you using your hip replacement as evidence of how severe your condition would have been prior to the surgery?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ib to esa transfer
macker wrote: Can I ask them for a statement of reasons for the decision on 20/06/2013 now or should I wait for their reconsideration. I had a total hip replacement on the 13/10/2013 and this is the basis of my appeal.
Am I missing something here? It is not possible to appeal based on events that occured after the decision. Have you had a more recent decision against which you are appealing? Or are you using your hip replacement as evidence of how severe your condition would have been prior to the surgery?
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- Gordon
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11 years 1 month ago #119789 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ib to esa transfer
Macker
I am concerned that you say
If the date of the Decision was 1/8/2013 then neither the DWP nor any Tribunal panel can consider any deterioration of your health that occurred after the Decision was made, they can only look at your health as it was at the time you were assessed.
Gordon
I am concerned that you say
I had a total hip replacement on the 13/10/2013 and this is the basis of my appeal
If the date of the Decision was 1/8/2013 then neither the DWP nor any Tribunal panel can consider any deterioration of your health that occurred after the Decision was made, they can only look at your health as it was at the time you were assessed.
Gordon
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