time limit for report.

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hi folks.

does anyone know if there is time limit on requesting a full report with points awarded etc on esa assessment by the assessor handed to the DWP?

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12 Replies

  • Posted

    The answer to that is no. This is the same for any MR, there is no time limit for making that decision. I'll go one step further that whilst the appeal Tribunal request that the DWP submit documents and deal with court directions within 28 days most do not abide by the deadline.

    The DWP are allowed this relaxation of having very few deadlines as they are extremely busy and short staffed!!

    Shame that the same cannot be shown to claimants that cannot access welfare officers help within the time limit they are given. You are normally given a couple of weeks to fill out the PIP2 form which MAY (if the DWP feel generous)be extended by a further 2 weeks.

    In fact the whole structure of benefits is such that there is a common regulation that says that if the DWP ask you to either do something or reply or send some information to them you MUST do so within 30 days. Failure will almost always result in the forced closure of your claim.

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    • Posted

      I know that I keep referring to personal experiences but I was actually caught up with this all seeing regulation. First when i failed to comply with a 30 day request when being asked to move from DLA to PIP (DLA claim was forcibly closed as was the potential PIP one) and a Pension Credit application made in Sept 09 which was focibly closed down in March 2011 under the same regulation resulting in no money for that period ever being paid.

      So yes the DWP hold all of the Ace cards and you can never win - I tried and lost twice.

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    • Posted

      just seen your answer Les.

      what I meant was I passed medical. but in letter was no indication of how I'd passed, boxes ticked by assessor etc and no indication of how long I've got it for. only I'd been moved and money now getting.

      is there a time limit I can ring for written confirmation on where I was successful or not.

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    • Posted

      You should still be able to request the assessor report.  I've heard of people requesting it after quite some time because they got the points they needed so it didn't seem relevant initially but out of interest and for future reference they decided later that they did want it.  I'd phone and request it. I can't imagine they'd say no but if they did then you can get copies of all the personal information they hold on you through a subject access request which should include this.

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  • Posted

    Not sure but hopefully someone can help.  Did you open you letters the other day re you PIP?  Just wondered how you had got on?
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  • Posted

    get emails from B&W website will say there's no limit too anything DWP do they just want too get sick and disabled people off benefits and nothing else waste of time having any contact with them as they just tell you lies after lies i dont bother with them anymore 

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    • Posted

      hi Marshall

      will definitely try b+w later. dunno why but I tend to forget about those guys. normally they're quite good. Les says no limit either. makes me think sometimes what's the point then. like boy who cried wolf too many times.

      thanks again. ivan

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    • Posted

      I would also add two more things that will affect a MR.

      The first is that the DWP work to their own rule book which they have compiled and is based on their own interpretation of what the law says. In many instances it is clearly their own opinion and which can be challenged in court as it does not entirely fit with what the Regulations actually say.

      The second point is that all decision makers are allowed to have their own opinion on a claim. It may depend on how they feel, had a bad night, are harsher than would normally be expected on cases that they feel are not to their likling. They may well have had an argument with their wife that day. It is almost the case that if you were to put one case and ask 6 decision makers to make their own decison on it, you would expect at least 4 of those decisons to be wildly different.

       

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    • Posted

      does that mean the decision maker determines how long a claim is given to the claimant? I.e. one year award 2year award 3year award etc? is that right?
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    • Posted

      The decision maker does make that order but like with the award, the assessor would have recommended the length of time before re-assessment. DWP normally go with such a recommendation.

      I would also add that the DWP can and do re-assess as and when they feel like during the course of the awarded period.

      I have had that experience many times with the old DLA claim. I was always given a for life/indefinite award but that didn't stop them doing a complete re-assessment (full claim form and face to face assessment) every 24 months from 1995 to 2013!!

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