What does written statement of reasons for ESA look like?

damino

I called up the ESA and wrote to them for a written statement of reasons for why i'm in the support group (and said I accept the decision). and they sent me

"A Guide to employment and support allowance - the work capability assessment" ESA214

They sent me a letter saying "I refer to your letter requesting an explanation of why we awarded you the support group"

I called them up, and asked them, if what they sent which is a general guide , is a written statement of reasons. They said if that's what they sent, then it is.

Is that right? And if not, then what should I ask them for so that a written statement of reasons is really a written statement of reasons?

I know I can ask for an ESA85,ESA85A,ESA65 and decision makers scoresheet. But what about the written statement of reasons?

Mersey_2

Do you mean an explanation from a Decision Maker at DWP? You can then ask for a reconsideration and if you wish, appeal to a Social Security Tribunal.

Or, have you appealed to a Tribunal already? A written Statement of Reasons is what it says - the reasons why a Tribunal Judge made the decision he/she made.

You can seek permission to appeal to the Upper Tribunal (Administrative Appeals). But try to get CAB/Welfare advisor to assist you, if you can., as you'll usually need an error in law, procedure or new information, in order to succeed.

damino

Mersey we seem to be talking about different things.

I've heard that when one is awarded ESA, (and I got it without a tribunal and without any "reconsideration"), they can provide a "written statement of reasons".

And as I said, I am not disputing the award.

I asked for a "written statement of reasons" and they sent me a guide.

I've heard -from this forum- that there is such a thing as a "written statement of reasons".

Is this not correct?

Cpt.Scarlet

In principle you are entitled to request a Statement of Reasons from the DWP, whether you intend to challenge their decision or not, the SOR should explain what the decision was and how they arrived at that decision.

However, I know of only one person, of what must now be several 100, who has actually received a SOR,

HB58

It seems that DWP often do not produce a written Statement of Reasons for people who 'pass' the assessment and are awarded ESA. You might find the ESA85 (or 85a if you did not have a 'medical') helpful as the DWP probably did no more than rubber-stamp this when they made the decision.

damino

Cpt.Scarlet wrote: »

In principle you are entitled to request a Statement of Reasons from the DWP, whether you intend to challenge their decision or not, the SOR should explain what the decision was and how they arrived at that decision.

However, I know of only one person, of what must now be several 100, who has actually received a SOR,

Yeah and they sent a general guide available online. Nothing specific to me. Like what descriptors I matched.

"A Guide to employment and support allowance - the work capability assessment" ESA214

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

That's what they sent

it does in a sense "explain what the decision was and how they arrived at that decision". But it's just a general guide applying to all cases.

rogerblack

I am unable to find any statutory guide as to what a statement of reasons as given by a decisionmaker is.
The statement given by a tribunal must 'give ‘adequate reasons for their findings, in such a way to enabling the reader to understand why the matter was decided as it was' - I am assuming this also applies to the original decisionmaker.

When I have requested such - this has _not_ been a general leaflet, it has had reference to specific evidence considered in my case, and why they came to the decision they did.
I question if a generic leaflet if it does not very clearly cover the precise area in question can ever be a valid statement of reasons if it doesn't enable you to understand why they came to the decision they did.

I would phone, and ask for a callback from a decisionmaker, or for your request for a personalised written statement of reasons to be forwarded for one.

Cpt.Scarlet

damino wrote: »

Yeah and they sent a general guide available online. Nothing specific to me. Like what descriptors I matched.

"A Guide to employment and support allowance - the work capability assessment" ESA214

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

That's what they sent

it does in a sense "explain what the decision was and how they arrived at that decision". But it's just a general guide applying to all cases.

Sorry if I wasn't clear.

A SOR should

1. be personalized
2. give an explanation of why the decision was made
3. provide details of the law used to make the decision, and how it was applied
4. give information about the extended time limit for revision and appeal.

A pamphlet that explains how a decision is reached does not constitute a SOR.

SORs are covered in the Decision Makers Guide paras 01120-01135.

damino

well, a letter the personalised aspect accompanying the stapled guide , says

"about a decision regarding your ESA.

I refer to your letter requesting an explanation of why we awarded you the support group.
In order to be awarded the support group you must fulfill one of the criteria described in the enclosed guide on pages 24-26. the decision maker using available evidence has determined you do fulfil the criteria and the support group does apply for your esa claim.

what happens next
if you disagree with the decision please contact me within one month from the date of this letter......

.So

I've written to them asking for a personalised statement of reasons,.

Do you think I should hire a benefits advisor through CLA(community legal advice), to push to get a personalised written statement of reasons?

damino

HB58 wrote "It seems that DWP often do not produce a written Statement of Reasons for people who 'pass' the assessment and are awarded ESA...."

@HB58
Seems likely, but what makes you say that?

Have they told you directly? Or have you written to them and got just a pamphlet back or heard of that happening with others?

Thanks

Muttleythefrog

damino wrote: »

HB58 wrote "It seems that DWP often do not produce a written Statement of Reasons for people who 'pass' the assessment and are awarded ESA...."

@HB58
Seems likely, but what makes you say that?

Have they told you directly? Or have you written to them and got just a pamphlet back or heard of that happening with others?

Thanks

Unless they tell you otherwise I would say they're basing this on reading cases of others. It seems getting information from the DWP on this matter is difficult. I'm yet to see someone describe a SOR as I would expect described. So if you manage to get one it'll be quite interesting. But also as above.. if you can;t get one then I would assume the ESA85/ESA85A was effectively rubber stamped and therefore that the descriptors mentioned in that are what the DWP regard as applying. After my recent reassesment which didn;t include face to face medical and returned me back to support group I asked DWP agent for SOR but they didn't have a clue how to deal with that enquiry and said something to the effect of 'if you should get it the system will send it'. I still wonder what a decision letter looks like..lol.