ESA113

Four weeks ago I applied for a copy of the ESA113 medical report relating to my ESA claim but have been advised today by DWP that it is covered under the data protection act and am not entitled to receive a copy could you please advise.

Martin wrote: Four weeks ago I applied for a copy of the ESA113 medical report relating to my ESA claim but have been advised today by DWP that it is covered under the data protection act and am not entitled to receive a copy could you please advise.

Hi M,


Firstly, did you use a Subject Access Request (SAR) Form ? :

SAR Form Download

From this page :

DWP Data Protection Policy

Or, did you make the request in the form of a letter, making it clear that you were making a formal SAR under The Data Protection Act 1998.

You should have addressed the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Writing DPA 1998 SAR in front, top, left corner of envelope.

Once received, the DWP have 40 calendar days to comply.

Sending Documents to the DWP.

If they have not complied with your SAR within the 40 Days, you can make a complaint to : The Information Commissioner's Office. (ICO)

Further information on issuing a SAR to request ESA Documentation can be seen : Here.

Who told you that : The ESA 113 Questionnaire was not covered under DPA 1998?

Was it an ESA Call Responder in a Call Centre or was it someone from The DWP Data Control Dept ?

Are you sure that an ESA 113 was sent to your G.P., as they are only sent to G.P.'s in around a quarter of all ESA Claims/Assessments ?

Have you checked with your G.P. Practice ? if they did receive one, copy of it may be on your G.P. records and you could access it from them.

An ESA 113 is most definitely covered under DPA 1998, and many of our members have received them by issuing SAR's.

I too have received copy of them when making SAR's for other people.

The only "medical" information that can be withheld, is what is known as Harmful Information.

This is generally where "Terminal or Mental Health Conditions" may be at issue.

See : 3.2.3 Harmful Information on Page 15 of : This Document.

It is also covered In The WCA Handbook under the heading : 4.2.1 Harmful Information on Page 149, which is accessible from the 2nd link under the heading DWP ESA Resources on : This Page

Even if there was Harmful Information contained within The ESA113, they could still provide you with a redacted copy, informing you that it contained Harmful Information.

It is highly likely, unless you know differently, that the DWP employee that you spoke to does not know what they are talking about, and Harmful Information is not at issue here.

If they continue to refuse to supply any requested documentation, make a complaint to The ICO.

bro58

Thank you for the information. About a month ago I asked for the ESA113 form by telephone and followed this up with a letter. I had previously received a copy of the ESA85A form and noticed they had quoted in it the ESA113 which I did not have a copy of. Contacted my doctors surgery and they have no record of receiving or completing the ESA113 form. My ESA application was accepted and I was put in the support group without the need to go for a medical. Should they not have a medical report apart from what I provided could they not let me know because it does not appear to be a major issue but I am naturally interested.

Any further advise much appreciated.

Martin wrote: Thank you for the information. About a month ago I asked for the ESA113 form by telephone and followed this up with a letter. I had previously received a copy of the ESA85A form and noticed they had quoted in it the ESA113 which I did not have a copy of. Contacted my doctors surgery and they have no record of receiving or completing the ESA113 form. My ESA application was accepted and I was put in the support group without the need to go for a medical. Should they not have a medical report apart from what I provided could they not let me know because it does not appear to be a major issue but I am naturally interested.

Any further advise much appreciated.

Hi M,

Sometimes they state within The ESA85A that they have referred to other evidence such as an ESA113 or a Med 3 (fit note) when one has not been issued.

To clear up any doubts, you could make a SAR for All documentation used in coming to The ESA SG Decisions.

If your G.P. had received an ESA113, they should have noted this in your records.

bro58

Hi M,

By the way,

The ESA85A is a "Medical Report" that is compiled by The ESA Assessor (HCP) when a face to face assessment is not deemed necessary as the claimant has provided adequate evidence for a paper based assessment. (They "May", but not always request Further Medical Evidence (FME) such as an ESA113)

When a face to face takes place it is the ESA85 Medical Report that is compiled.

bro58