esa reassessment

epitome

little_monkey wrote: »

I had a WCA in February 2013 and i've still not had a letter telling me i have been put in WRAG.I have complained many many times.

Why is this important to you? It's only a letter saying you are placed in WRAG. You are getting the WRAG payments. So what is the problem?

They can send you a letter at any time telling you how long you have been on ESA and what group you are in, all you have to do is ask.

little_monkey

epitome wrote: »

Why is this important to you? It's only a letter saying you are placed in WRAG. You are getting the WRAG payments. So what is the problem?

They can send you a letter at any time telling you how long you have been on ESA and what group you are in, all you have to do is ask.

Because you need the decision letter so you know how long you have to appeal(1 month normally) and they should have the courtesy to let you know,plus it is there procedure to do so.

I asked many many times but was'nt told

epitome

No, you don't need the letter. Just phone and ask
"What was the date of the WRAG decision"
If you know the approx date, it will help them to find it in the notes.

If they can't find it, you can ask them to look in 791

little_monkey

epitome wrote: »

No, you don't need the letter. Just phone and ask
"What was the date of the WRAG decision"
If you know the approx date, it will help them to find it in the notes.

If they can't find it, you can ask them to look in 791

So why don't they just do away with sending assessment decision notices?They certainly did'nt even make one to send ro me.Whats 791?

And what if the date of the decision(that they never told me)was over a month ago?

They have told ICE and Tribunal that i was advised of the decision on a certain date,they lied because they never did.They cannot phone me so they cannot of advised that way.And they cannot provide proof of "the advise"to me,to ICE or to the tribunal.

epitome

Why would they do away with sending decision notices? That is the most successful way of communicating a decision to a claimant.

The Interpretaions Act says that a letter required to be sent by post, if posted, is deemed to have been delivered within the normal course of post timescales. Unless can be proven otherwise. So if they say they sent you a letter on Jan 12th, then the law says that it was delivered. There is no point in arguing this point.

You don't need to know what 791 is, just tell them to look there if they are not able to tell you the date of the decision from the notes.

If they have told ICE that they sent you a letter on a certian date Jan 12th 2014 ... then that date, Jan 12th 2014, is the date of your decision, and you don't need neither the letter nor to phone them to ask to look in 791.

If it has been more than 1 month from the date of the decision you still have upto 13 months from the date of the decision to submit an appeal or a man recon request giving reasons why it is late. Late reasons are almost always accepted.

little_monkey

epitome wrote: »

Why would they do away with sending decision notices? That is the most successful way of communicating a decision to a claimant.(because as you say its not needed and the taxpayer would be saved a lot of money on postage costs,printing,and envelopes etc)

The Interpretaions Act says that a letter required to be sent by post, if posted, is deemed to have been delivered within the normal course of post timescales. Unless can be proven otherwise. So if they say they sent you a letter on Jan 12th, then the law says that it was delivered. There is no point in arguing this point.

You don't need to know what 791 is, just tell them to look there if they are not able to tell you the date of the decision from the notes.

If they have told ICE that they sent you a letter on a certian date Jan 12th 2014 ... then that date, Jan 12th 2014, is the date of your decision, and you don't need neither the letter nor to phone them to ask to look in 791.

If it has been more than 1 month from the date of the decision you still have upto 13 months from the date of the decision to submit an appeal or a man recon request giving reasons why it is late. Late reasons are almost always accepted.

IF they sent me a letter,and thats a BIG IF, then why can't they put paid to the matter and send us all a copy?

epitome

(because as you say its not needed and the taxpayer would be saved a lot of money on postage costs,printing,and envelopes etc)

But it wouldn't be very courteous would it, not to tell people of their decsions thus not enabling them to make alternative arrangements timeously.

Why don't they send us a copy

Maybe they don't have a copy, maybe there is no computer copy of that letter, other than a decision date on the sytem and notes entered on the system of the nature of that decision. and a computer record that a letter was sent on a certain date.

If you have already appealed to tribunal why are you still chasing the letter?

little_monkey

epitome wrote: »

But it wouldn't be very courteous would it, not to tell people of their decsions thus not enabling them to make alternative arrangements timeously.

Maybe they don't have a copy, maybe there is no computer copy of that letter, other than a decision date on the sytem and notes entered on the system of the nature of that decision. and a computer record that a letter was sent on a certain date.

If you have already appealed to tribunal why are you still chasing the letter?

By gum i think you've got it at last(red)

Your second point beggars belief(purple)

Any reason why they did'nt send the requested ESA85,the ESA85(decision makers score sheet),all the medical evidence used by the decision maker and all the medical evidence used by the HCP?
Tell me they don't have to or they don't have a copy ever.

nannytone_2

little_monkey wrote: »

By gum i think you've got it at last(red)

Your second point beggars belief(purple)

Any reason why they did'nt send the requested ESA85,the ESA85(decision makers score sheet),all the medical evidence used by the decision maker and all the medical evidence used by the HCP?
Tell me they don't have to or they don't have a copy ever.

you came here asking for help and epitome is and has been helping you.
in return you seem to be very confromtational and pedantic.

id think twice before you continue as epitome may decide to stop helping ... i know i would!

epitome

little_monkey wrote: »

By gum i think you've got it at last(red)

But I don't think you've got it yet, the vast majority of claimants will get a decision letter shortly after it has been sent, the fact that you didn't, does not mean they did not send one to you. Decision letters are sent to help claimants learn there has been a change. Therefore, stopping them from being sent to every claimant just to save the public purse is not a good idea.

Your second point beggars belief(purple)

Not when you realise that the operator will press a few buttons and the computer will generate a decision notice, just because the computer has generated a letter does not mean that a copy of that letter is kept on the computer, why should it? When it is not required to be kept. Keeping a copy of all letters which do not need to be kept would be a waste of money. As I said to you earlier, it was just a decision notice letter, there is a record of the decision in the notes on your file, there is a record of the date that decision was made and what the decision was... this is all that needs to be kept, and if you want to know what the decision was or the date it was taken all you have to do is ask and you will be told. But if you then go on a personal quest to get a copy of a non-existant, unimportant letter, you are a dog chasing your tail.

Any reason why they did'nt send the requested ESA85,the ESA85(decision makers score sheet),all the medical evidence used by the decision maker and all the medical evidence used by the HCP?
Tell me they don't have to or they don't have a copy ever.

They do have a copy of all of that, because all of that is required to be kept. Ask for a copy of the entire contents of the ESA55 (all evidence used and the report) and an ESA85, and Statement of Reasons, ask by phone, if you have asked before, ask again and this time ask for a callback to confirm it will be sent to you. When they call you back ask for their name and when you should expect to receive it, and if you don't recv it by that date then call back and ask for a callback from "Mark at xxxxx Benefit Centre" to call you back again, for an update on where the documents are. You will get them eventually.

EDIT... oh I forgot, you don't use a phone... You don't make life easy for yourself do you....