ESA - Med Cert Problem

mejjo203

I have just read through the appeal letter again, It seems the win of appeal is on the 27 points and descriptors met in schedule 2, The award for support group seems to be met on the reg 35, So does this mean they may not ask for a statement of reasons? As the win isn't soley just on Reg 35, Its won with points and meeting desriptors from schedule 2.

epitome

When they call you, if they have not received it ask them to call your doctor and then call you back again.

First thing tomorrow phone your doctor and tell them to expect the DWP to call. Use a different phone to call the Doctor if possible, from the the phone the DWP is calling you on.

Yes looks like they will be asking for a statement of reasons...Reg 35

I have just read through the appeal letter again, It seems the win of appeal is on the 27 points and descriptors met in schedule 2, The award for support group seems to be met on the reg 35, So does this mean they may not ask for a statement of reasons? As the win isn't soley just on Reg 35, Its won with points and meeting desriptors from schedule 2.

The Support Group is awarded because of Reg 35, they should -according to their own rules- ask for a statement of reasons.

mejjo203

Oh i wasn't aware it was a rule to request it, I think i read somewhere that it can take months for the statement of reasons to be sent. Is this true?

The DWP told me today that they have the Tribunal award on teh system and my claim would take up to 8 weeks to be updated into the group and arrears paid. It just keeps going and going

sheeps68

epitome wrote: »

It will be of no use unless the jobcentre stamps the copy as verified.

But I can easily print off a copy & send it. as for job centre no wau=y I could get there as no parking close enough to physically allow me to get there.

mejjo203

sheeps68 wrote: »

But I can easily print off a copy & send it. as for job centre no wau=y I could get there as no parking close enough to physically allow me to get there.

I always photo copy my Med Certs, DWP told me they can't accept a photocopy, its a shame because it would resolve this situation very easily.

epitome

mejjo203 wrote: »

Oh i wasn't aware it was a rule to request it, I think i read somewhere that it can take months for the statement of reasons to be sent. Is this true?

No, it will take a couple of weeks from the DWP requesting it, and the Tribunal will also send you a copy of the Statement of Reasons, which, when you receive, you can fax to the DWP BC from a jobcentre appointment. To speed things up.

You can, if you want, request from Tribunal, the Statement of reasons (SOR) yourself, and thus speed up the process of obtaining them, but a copy will automatically be sent to the DWP aswell. So you might decide that it is best to wait and see if the DWP wants to request the SOR. Otherwise you could find yourself in the situation where miraculously the DWP does not request the SOR and is going to award you Support Group, but then because you have requested the SOR, they then receive a copy of the SOR and then change their minds about awarding you Support Group.

The DWP told me today that they have the Tribunal award on teh system and my claim would take up to 8 weeks to be updated into the group and arrears paid. It just keeps going and going

Yes that is correct, but the Regulation 35 could delay things a lot more than 8 weeks.

mejjo203

epitome wrote: »

No, it will take a couple of weeks from the DWP requesting it, and the Tribunal will also send you a copy of the Statement of Reasons, which, when you receive, you can fax to the DWP BC from a jobcentre appointment. To speed things up.

You can, if you want, request from Tribunal, the Statement of reasons (SOR) yourself, and thus speed up the process of obtaining them, but a copy will automatically be sent to the DWP aswell. So you might decide that it is best to wait and see if the DWP wants to request the SOR. Otherwise you could find yourself in the situation where miraculously the DWP does not request the SOR and is going to award you Support Group, but then because you have requested the SOR, they then receive a copy of the SOR and then change their minds about awarding you Support Group.

Yes that is correct, but the Regulation 35 could delay things a lot more than 8 weeks.

I'ev learnt a lot about this whole process, I can't wait for it to be done and dusted with, I'm very pleased the Tribunal was awarded to me, It just seems its such a long process even after winning it, From the statements of reasons to Upper Tribunal, But i'm aware they can only do this if they find an error in law, and i've read that's rare, What is the point of them requesting a SoR if they can't refuse to award me the ESA as i won my tribunal? They must believe they can find an error in law to request the SoR as there isn't anything else they can do with the SoR.

mejjo203

On the reverse side of the Tribunal award it does have an explanation why they have used Regulation 35, They have explained what would happen if i was found capable of work related activities, I don't see what more could be said on a Statement of Reasons,

Thank you for all you advise

TELLIT01

Sorry, but the 'advice' being offered by certain parties lately is at best misleading and at worst plain wrong.
The simplest way forward to resolve the missing med cert is to get ESA to call your GP for confirmation of issue. You should phone your GP to let them know that ESA will be calling and you give permission for them to provide the requested information. From the sound of things your surgery is likely to be one which will refuse to provide information without your permission. Strictly speaking they are correct under patient confidentiality but most are willing to give info to DWP.
It's my understanding that GPs are not allowed to charge for medical certificates required for benefit purposes, even if it is a duplicate. However, you aren't exactly in a position of strength if arguing with a bolshy surgery.
As has been stated on another thread, using Recorded Delivery or any other tracking of post to DWP is a waste of time and money. All post goes to a central sorting facility and the signing for documents will take place there. That simply confirms that a package has been received at the sorting facility. It doesn't confirm the content of the package and it certainly doesn't confirm that the contents have been received at the processing office. Save your money because it doesn't speed the system up.
The suggestion to 'tell them to find your documents' is futile. Many thousands of items are received every day and sadly, but inevitably, some do get lost. They might get caught up in items for another office or another person, sent to the wrong office completely etc. so the chances of a single misplaced item being found are slim to none.
The reality is that if an item hasn't reached its destination within about a week the probability is that it won't get there at all.
The basis for this assessment? Too many years working within the system!

richard9991

GPS are bound to give information to DWP and as for the claiments permission this is given in the Decleration when making the claim