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Lost and Bewidered
- Alan
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I have also managed to get a home appointment with a very nice lady from the local Welfare Rights, and she seems "ready for a battle"

She is going to attempt to get the decision overturned, before i have to go to the tribunal.
Hopefully there will be made a sensible decision soon and they will put me in to SG
Once again, thanks for all your advice

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- bro58
Alan wrote: I did contact my MP, and he has said that he has passed letters on to a "Terry Moran", Perm Sec & COO at DWP, so that is something.
I have also managed to get a home appointment with a very nice lady from the local Welfare Rights, and she seems "ready for a battle"
She is going to attempt to get the decision overturned, before i have to go to the tribunal.
Hopefully there will be made a sensible decision soon and they will put me in to SG
Once again, thanks for all your advice
Good luck A,
Please keep us updated.

bro58
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- Alan
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Meg3 wrote: Alan
I am glad you have found the site, it is a excellent site with really good guides.
When you have time look at FAQ on the left hade side of the site under News and Forum and find information about contacting your local MP or ask your support worker to contact them on your behalf. I feel they should be involved with your case.
Best of luck Alan
I did manage to get in contact with my MP, and he has passed my letters to a Terry Moran, who is the Perm Sec and COO t the DWP. Will it help? I don't know, but as all are aware, if you don't try you'll never know.

Also, i managed to get a very nice lady from Welfare Rights to come to my home, and she seems "ready for battle", and said this is the biggest part of their work now.
She has decided it would be a good idea to get the decision overturned before the tribunal date, (waiting list 16 weeks) so will go after them that way!!
Once more, thank you to all for your advice

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- Alan
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After searching through all the information available regarding the DWP and the ESA appeals I found the information in regard to the Data Protection Act and I sent a letter demanding all the information using the template on here with the knowledge that they had 40 days to get the information to me.
I sent the letter, recorded delivery, on the 22/01/2013, and followed up with a phone call the following day.
I phoned again on the 12/02/2013 to ask how they were getting on, to be told they needed time to collect it all together. Not a lot I could say because it was well within the 40 day time limit.
I phoned again on the 05/03/2013 to ask where all my papers were as the following day was the 40th day. Promised a call back before 1.00pm the following day.
06/03/2013 came along and at 4.30pm I phoned them again asking why I hadn’t received my call back. A call back was requested before 10.30am the following day (today).
The phone call came, at about 9.15am when the guy on the end of the phone tried to explain to me that there was a huge backlog, government expected 10% appeals and the reality was 90%.
I told him that I needed all this information because the people acting for me needed to go through it all before the tribunal date. The arrogant S.O.B. told me there would be plenty of time as the tribunal would be most likely at the end of the year. Oh, I said.
Then I said to him “It is not my problem that you have backlogs, it isn’t my fault that you have more appeals than expected, I need my papers”.
“There is a backlog at the printers, they need to print 3 copies of it all”, “not my problem” I said.
Then I said the magic words “I am aware that under the DPA 1998 you have 40 days to get the papers I have requested to me and the 40th day was yesterday” (06/03)”. He replied “Oh, you’re aware of that, I didn’t realise”!!!!!!
He followed that with “I will get it expedited, please give me a week or so and we will get it to you”.
“40th day was yesterday” I said. “I will do what I can but it will take some time to make sure we have all that you asked for”. End of call.
11.15am a call from the DWP and guess what? “We have found all the papers you asked for, someone is photocopying them now and they should be with you in a day or 2”!!!!!
Thank you, once more, to all at B&W as without this knowledge I wouldn’t have realised some of the power we all have, albeit not much
The fight to get from WRAG to SG goes on
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- Gordon
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Well done for pusing it with the DWP and thank you for posting this as I am sure other members will find it of use.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alan
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I finally received the rest of the information in regards to my ESA application (Mobility 0pts) and appeal from WRAG to Support Group (Mobility 0pts)
This is where things get interesting!!
My original decision was made 28/06/2012 and I was placed in WRAG.
The Supplementary Submission I received today, has the decision maker stating that I cannot mobilise etc, etc over 100 metres and so I was awarded 9pts for this activity. It actually gets better, or in my eyes the DWP are made to look even more like fools as on the score sheet itself they have given me 6pts!!!
This still does not give me enough points for the Support Group but, and it’s a big but, the question on the form I filled in was 50metres or 200metres.
I have been on the phone to them but it will be interesting to see how they justify 100 metres!!
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