ESA new appeal and last appeals decision

hello all,

just heard that my ESA appeal is going ahead as the DM did not award after reconsideration.

The last time I scored 0 points (last september) I did appeal and the DM overturned the decision on receipt of my appeal paperwork and further evidence.

This time the DM has not overturned despite the original medical condition being the same but with an added condition this time, plus DLA mobility award being in place, AND all the evidence submitted being exactly the same as last time PLUS more evidence for the new condition.

Now, I find it strange that one DM thinks one way and the other DM thinks the other.

I now have to wait for a full appeal in 9 - 12 months time.

Can I do a Subject Access Request to the DWP and ask for ALL the paperwork they hold on me including the DM's decision from last time overturning the original decision?

Is this a futile exercise or will it be useful to show lack of consistency at the DWP?

Naturally I am not happy at this outcome especially since my GP signed me as unfit for another 13 weeks recently and I have my blue badge assessment next week.

I know I will now remain on ESA assessment rate until the appeal but that is not the point, there is something very wrong with the DWP and a severe lack of consistency.

I have not even been informed in writing and only found out by phoning them today only to be told the decision was made not to overturn 3 weeks ago!

Any suggestions?

thank you, Lisa

Yes, you can do a subject access request. If nothing else, it may show up things you need to make sure you mention to the tribunal.

Unfortunately, in any system where vast numbers of decisions are made, there will be some inconsistency, but hopefully each time someone points out inconsistencies, it is more pressure on the DWP to work hard at reducing inconsistency.

here's an interesting question - who do I make the cheque payable to for the SAR?

You will find it hard to show " lack of consistency at the DWP?" because there is a time differance between decisions ... you could even find that one DM finding someone unfit ...12 months later finds them fit

lochlisa wrote:

here's an interesting question - who do I make the cheque payable to for the SAR?

It depends on whose records you are accessing, Atos or DWP. If you do a search of the net, you'll be able to find standard forms for the DWP. (I did a search and came up with a rtf document.)