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Obtaining All DWP ATOS records
- brownpaperbag18
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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.
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- Gordon
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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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- brownpaperbag18
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Thank you for your reply and pointer to SAR info.
Due to a pending change of circumstances SEPERATE from the ES/ESA transfer debacle, I will soon not be eligible for Income Related ESA or income related JSA or income related means tested anything, i.e. for other reasons, no benefit entitlement. I Too right I would like to contest the decision. I still have the same medical issues I've had for the past 3 decades. However, my understanding is that it is only worth doing MR and Appeal if a person still has underlying eligibility for means tested benefits. Otherwise - is it worth it?
But I do want to find out what happened to score zero points.
Thus my reason for SAR is to obtain full information about the transfer period as I do not see any other way of doing this. What I am doing is exploring my options.
As I also get DLA at present, which I understand is not subject to means-testing (unless something has changed), a zero points WCA result could impact on this.
Hence my need to find out all I can.
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- Gordon
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If you are not entitled to any means tested benefit due to your personal circumstances, then the obvious question is do you have any entitlement to Contribution Based ESA? This will depend on whether you were transferred from another benefit such as IB, or had been working prior to claiming ESA.
If you do not have any entitlement to any flavour of ESA, then the only remaining benefit of challenging the Decision is to receive NI Credits which count towards a full State Pension, but you will still have to go through regular assessment to maintain your eligibility.
Gordon
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