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Obtaining All DWP ATOS records
10 years 3 months ago #116479 by Gordon
I think you are confusing Mandatory Reconsiderations with other things
Whatever other action you take, you cannot challenge this Decision without requesting a Mandatory Reconsideration, unless you are not subject to an MR, in which case you can lodge an appeal, however, I would not expect this to be the case.
You can request the documentation used in the Decision from the DWP, they hold all of the information, ATOS hold no on-going records of the assessment. This can be in the form of a Subject Access Request, however you may be able to get copies of the documentation simply by phoning the DWP office that dealt with your ESA claim.
If you do want to raise a SAR then there is a guide in the Members Only Area that explains the process.
www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info
The following has a list of documents likely to be available
ESA medical – what forms to ask for?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Obtaining All DWP ATOS records
inspiredtoact wrote: Sadly I have scored zero points in the WCA work of fiction report and need to obtain all IS to ESA transfer records concerning the DWP ATOS correspondance via a subject access request.
Can you point in me in the direction of information on SAR's. Will a request to DWP get the full ATOS side or do I need to SAR ATOS seperately.
Due to other circumstances I cannot go down the Mandatory Reconsideration/Appeal route as I would not be eligible for Income Related ESA so the SAR route is the only way I can find out who said what.
I think you are confusing Mandatory Reconsiderations with other things
Whatever other action you take, you cannot challenge this Decision without requesting a Mandatory Reconsideration, unless you are not subject to an MR, in which case you can lodge an appeal, however, I would not expect this to be the case.
You can request the documentation used in the Decision from the DWP, they hold all of the information, ATOS hold no on-going records of the assessment. This can be in the form of a Subject Access Request, however you may be able to get copies of the documentation simply by phoning the DWP office that dealt with your ESA claim.
If you do want to raise a SAR then there is a guide in the Members Only Area that explains the process.
www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info
The following has a list of documents likely to be available
ESA medical – what forms to ask for?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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