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DWP hasn't submitted ESA/DLA paperwork for appeal

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5 years 6 months ago #239634 by alisp
When my caree's PIP tribunal was adjourned last month, it was for the tribunal to see more medical evidence from her GP and the DWP's paperwork on her last ESA and DLA assessments. We submitted the medical notes as requested (just) before the 28-day deadline, and have just received a copy of them in the post, but there's nothing from the DWP in there. She is wondering whether the DWP has submitted it but it's confidential and we haven't therefore been sent a copy, whether it's making its way through the postal system, whether the DWP hasn't got around to sending it yet, or whether they are simply ignoring the request! It doesn't seem likely to me that confidentiality can be an issue, because surely both parties are entitled to see the same evidence?

She's also concerned that now the DWP have her medical notes, and might be able to use them against her in the future - or simply that there's a copy of her medical notes floating around somewhere she might not want them to be. I'd hope GDPR might have something to say about that, but you never know.

Mods, based on your experience, do you have any feel for what might be happening, please? A new appeal date has been set, but if the DWP doesn't get its act together I suspect it may be adjourned again.

Carer for a long-term ME/CFS sufferer

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5 years 6 months ago #239650 by Gordon
alisp

They should contact the Tribunal Service to say that they have not received anything from the DWP as requested by the Judge at the adjournment. Best guess is that the DWP just haven't got around to supplying the information.

I can't see anything in the Benchbook that controls the operation of Tribunals which would restrict the information being sent to the claimant.

Their medical records will be held in the file associated with this appeal, this file will not be opened again unless there is a specific requirement, the contents won't be used in any future assessment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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