Boomer wrote: Small update, ATOS refuse to accept SAR's. They forward such requests to DWP. This is in spite them still having information about my claim on their systems. Indeed, it was stated that they have no Data Protection Officer, I find that hard to believe. Going to chase that up but not a real priority.
My question:
If my PIP claims denied I was fully intending going all the way to tribunal.
However....
I am wondering if there is a faster and potentially better route.
For instance I don't appeal. Leave it for a month or so (is there a time limit?) and reapply.
I have had another specialist referral since the F2F and my meds have been increased so I can genuinely assert that my condition has potentially changed since the F2F. Hence a new PIP application is relevant.
It is apparent that all the medical data I gave them was really immaterial. Its how you are assessed on that day that really decides your "fate". Having now had my assessment and finding out all the tricks and fibs that are used a second F2F is starting to seem a better route than going through a lengthy appeal process?
Is my thinking flawed in the above scenario?
As always, huge thanks for any and all info given.
Hi B,
"Small update, ATOS refuse to accept SAR's. They forward such requests to DWP. This is in spite them still having information about my claim on their systems. Indeed, it was stated that they have no Data Protection Officer, I find that hard to believe. Going to chase that up but not a real priority."
ATOS nor any other of The AP's are Data Controllers of your personal information, it is the DWP.
AP's only have your file for the short period when the are carrying out "medical" assessments.
Of course, whilst they have your personal information they are supposed to comply with all relevant :
DPA 1998 Legislation. Your file is then returned to DWP who securely store your personal information in their Data Control Dept.
ATOS would of course have to securely store such things as CCTV footage from their Assessment Centres and phone calls that are recorded by them.
If you feel that ATOS or DWP are not complying with their responsibilities under The Data Protections Act 1998 (DPA 1998) you could complain to
The ICO "For instance I don't appeal. Leave it for a month or so (is there a time limit?) and reapply."
Options :
1. Appeal directly to the Tribunal Service (TS) once your MR has been unsuccessful and you have received The MR Notice letter.
The TS will re-look afresh at the initial decision appealed and whether you should have received the number of points that you are arguing for at that time.
Any decision will be backdated to the time of the adverse decision appealed.
2. Appeal as above, and also make a fresh claim.
If you do this, any decision made as a result of The Tribunal hearing would only run until the date of the decision made as a result of your fresh claim.
Obviously this could work for or against you, dependent of which decision, TS or fresh claim, was better.
3. Don't appeal and just make a fresh claim. Any decision made as a result of this would be active from the date of the decision, i.e. there would be no backdating.
If making a fresh claim, changes or deteriorations in your conditions and resulting limitations since the date of the current adverse decision could be taken into account (not so for an appeal) as long as you had suffered from the them for the previous 3 months and would be likely to continue to suffer from them for the forthcoming 9 months.
If you are to make a fresh claim you would need to try and identify how and why you were not successful this time, or face the possibility of failure again.
4. Do nothing.
See the following generic advice on PIP MR/Appeals ;
You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.
Sending Documents to the DWP. You could also ring the PIP Helpline :
Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm
To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.
If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :
You can do this using a SAR Form :
SAR Form Download From this page :
DWP Data Protection Policy Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
You should not miss your one month deadline if The PA4 or any other supporting evidence that you may be awaiting has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
Once you have The PA4, you can then pose any counter arguments to the PIP Assessors recommendations.
e.g. If they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so
Reliably and
Safely for
The Majority of Days If the Assessor has stated that they witnessed you
Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!
You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.
Obviously if you have no current PIP Award, there is no risk involved.
See :
PIP MR/Appeals Guidance. Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations. Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)
You should do this using one copy of The MR Notice letter (keep the other copy) and the :
SSCS 1 Form (Download Link) All this is explained in our PIP Appeals Guidance
You should concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided which indicates that you should have.
See also :
PIP Self Test PIP Points Scoring System &
PIP Claims Guide. (2nd Link down the page) bro58
