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ESA – migration cases – inaccurate IRESA assessments?

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Dan Manville
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Anthony Collins - 04 January 2018 02:55 AM
Welfare Rights Adviser - 29 December 2017 02:27 PM

Just spotted in an old esa file (looking for evidence for pip) the attached - it was clearly an official error in 2013!

I have tried to get the full “Discussion Response” thread, on Response to “Caffas”, including this response back on 16 July 2017 via a FoI.

At first DWP said it was a external website, when pointed out it was a internal DWP url 51.1.9.250 they did a search involving a search term string of the entire discussion, something that would never be indexed…

I notice it specifically quotes
noticeboard 05.06.13 IB Reassessment, TA and ESA time limiting

It would be helpful to track down the official bulletin that was on their noticeboard, who authored it etc…we know the text from the Response to “Caffas” printout.

It would be helpful to get that discussion thread too.

 

Fancy doing the FOI request?

https://www.whatdotheyknow.com/

     
stevenmcavoy
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ive another appeal on a refusal to backdate to the point of migration coming up.  so far they have:

failed to send me a copy of the submission papers
the papers dont mention a notice of conversion
there is no copy of the “invitation” they apparently sent inviting the appointee to “claim” income related
and for some reason the migration decision took affect from almost 4 weeks after it was made

     
Anthony Collins
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Dan Manville - 04 January 2018 12:44 PM
Anthony Collins - 04 January 2018 02:55 AM
Welfare Rights Adviser - 29 December 2017 02:27 PM

Just spotted in an old esa file (looking for evidence for pip) the attached - it was clearly an official error in 2013!

I have tried to get the full “Discussion Response” thread, on Response to “Caffas”, including this response back on 16 July 2017 via a FoI.

At first DWP said it was a external website, when pointed out it was a internal DWP url 51.1.9.250 they did a search involving a search term string of the entire discussion, something that would never be indexed…

I notice it specifically quotes
noticeboard 05.06.13 IB Reassessment, TA and ESA time limiting

It would be helpful to track down the official bulletin that was on their noticeboard, who authored it etc…we know the text from the Response to “Caffas” printout.

It would be helpful to get that discussion thread too.

 

Fancy doing the FOI request?

https://www.whatdotheyknow.com/


Hi Dan,

I already put in 2 FoIs in 2017 to try and get the full “Discussion Response” thread, including moving to a Internal review which moved me to the stage above

Really it needs someone else to put in two fresh FoIs being less specific so the search is wider,, they no longer deny the Discussion board, and can do a search…

1- the full “Discussion Response” thread
2- the originator of noticeboard pin up 05.06.13 IB Reassessment, TA and ESA time limiting

Anyone willing?

Ive also never seen any FoI responses or submissions including any DWP “Discussion Response” board paperwork, has anyone had submissions with printouts, even if on another topic? It would help home in on it. For example if “Discussion Response” is still inuse or replaced under another name, it should be alight with this backdating topic.

Thanks

      [ Edited: 5 Jan 2018 at 02:44 am by Anthony Collins ]
Anthony Collins
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From the other side - 25 August 2017 02:40 PM

Update on my case that I had taken to UT, received letter from DWP Legal department confirming that arrears should have been paid as the assessment for IR ESA should have been carried out before the conversion decision was issued.

Happy to provide copy of suitably redacted correspondence to anyone that is having similar issues.

Hi From the Other side,

Could you give me a copy please.

I know its semi-redundant, while we all wait to see the UT decision in your case with regard to DWP assertion “that it isn’t official error but error in law and that the error in law only became apparent after the LH decision” therefore trying to restrict the amount of arrears payable.

But I need part where the DWP Legal department confirms that arrears should have been paid, for a client case as im involved with a case which has similar going ons to Stevens above.

A copy of the correspondence would be v.useful at this point

Thanks

 

     
Dan Manville
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Anthony Collins - 05 January 2018 02:21 AM

Anyone willing?

 

I have enquired of certain IT whizzes I know whether we could work some magic. If the threads weren’t indexed and looking at that excerpt I can believe that, then we might need some magic.

     
Dan Manville
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https://www.whatdotheyknow.com/request/guidance_regarding_the_ib_reasse

Thanks IT whizz; you know who you are!

     
stevenmcavoy
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stevenmcavoy - 04 January 2018 01:14 PM

ive another appeal on a refusal to backdate to the point of migration coming up.  so far they have:

failed to send me a copy of the submission papers
the papers dont mention a notice of conversion
there is no copy of the “invitation” they apparently sent inviting the appointee to “claim” income related
and for some reason the migration decision took affect from almost 4 weeks after it was made

this appeal was refused.  to an sor request i go.

     
stuart
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FOI response provides a process map that DWP has been using to review and correct claims (but includes nothing on the backdating issue)

https://www.whatdotheyknow.com/request/450795/response/1092843/attach/html/4/FoI

     
Anthony Collins
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stuart - 10 January 2018 12:24 PM

FOI response provides a process map that DWP has been using to review and correct claims (but includes nothing on the backdating issue)
https://www.whatdotheyknow.com/request/450795/response/1092843/attach/html/4/FoI

Hi Stuart, it was in a response to my FoI

stevenmcavoy - 10 January 2018 12:18 PM
stevenmcavoy - 04 January 2018 01:14 PM

ive another appeal on a refusal to backdate to the point of migration coming up.  so far they have:

failed to send me a copy of the submission papers
the papers dont mention a notice of conversion
there is no copy of the “invitation” they apparently sent inviting the appointee to “claim” income related
and for some reason the migration decision took affect from almost 4 weeks after it was made

this appeal was refused.  to an sor request i go.

Hi Steven
Any information on why the appeal was refused

     

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Daphne
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NAWRA has a done a follow up letter as a welcome to Ms MsVey on her first day in office…

     
Anthony Collins
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Daphne - 10 January 2018 01:39 PM

NAWRA has a done a follow up letter as a welcome to Ms MsVey on her first day in office…

Excellent letter Daphne, it is going to be very interested in the reply you get to this from her. Her appointment has had a unprecedented reaction, when a press so right wing and so propaganda agenda based against disabilities, is taking it on their own bat to write articles sub-headed
WHY DO PEOPLE THINK ESTHER MCVEY IS ‘DANGEROUS’? 
http://www.dailymail.co.uk/news/article-5254109/Thornberry-REFUSES-slam-McDonnell-attacks-McVey.html

It will be also be interesting to see the outcome of From the Other Sides Upper Tribunal.

 

     
stevenmcavoy
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Anthony Collins - 10 January 2018 01:37 PM
stuart - 10 January 2018 12:24 PM

FOI response provides a process map that DWP has been using to review and correct claims (but includes nothing on the backdating issue)
https://www.whatdotheyknow.com/request/450795/response/1092843/attach/html/4/FoI

Hi Stuart, it was in a response to my FoI

stevenmcavoy - 10 January 2018 12:18 PM
stevenmcavoy - 04 January 2018 01:14 PM

ive another appeal on a refusal to backdate to the point of migration coming up.  so far they have:

failed to send me a copy of the submission papers
the papers dont mention a notice of conversion
there is no copy of the “invitation” they apparently sent inviting the appointee to “claim” income related
and for some reason the migration decision took affect from almost 4 weeks after it was made

this appeal was refused.  to an sor request i go.

Hi Steven
Any information on why the appeal was refused

im not entirely sure but i think his argument was he didnt have the power to review the original migration decision.  i will obviously be challenging that.

     
Owen Stevens
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Interesting to see that the process map above seems to indicate that vulnerable claimants who do not return an ESA3 will be referred for a core visit at home to assist with form completion.

     
Dan Manville
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https://www.whatdotheyknow.com/request/455171/response/1097745/attach/html/2/FOI53 Response 17.01.18.pdf.html

No joy on the FOI front.

     
Daphne
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