ESA50

Thanks Bro, yes i'd read that and am keeping an eye on those Court Cases too!

Could you let me know what things/forms I need to ask for with regards how their decision was arrived at & what points he scored in each of the descriptors? Also who is it that I ask for these, will it be Atos or DWP?

Best regards - Taggy

Taggy wrote: Thanks Bro, yes i'd read that and am keeping an eye on those Court Cases too!

Could you let me know what things/forms I need to ask for with regards how their decision was arrived at & what points he scored in each of the descriptors? Also who is it that I ask for these, will it be Atos or DWP?

Best regards - Taggy

Hi T,

As a face to face did not take place, there will be an ESA85A Medical Report, there will also be an LT54.

There may be an ESA113, if one was sent to your G.P., and there could be an ESA72.

You can request these over the phone, but as you are not in any hurry, you could request them using a SAR :

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/


As there will definitely be an ESA85A and an LT54, you could request these by name, and then to cover all bases, request all other documentation that was used in coming to The SG decision.


As The ESA85A's can be most vague, you could particularly request written confirmation of the prognosis, and under which SG Descriptors he qualified. Whether it was under any of The Schedule 3 Functional Descriptors and/or Exceptional Circumstances Rules, under ESA Regulation 35.

bro58

bro58 wrote:

Taggy wrote: Thanks Bro, yes i'd read that and am keeping an eye on those Court Cases too!

Could you let me know what things/forms I need to ask for with regards how their decision was arrived at & what points he scored in each of the descriptors? Also who is it that I ask for these, will it be Atos or DWP?

Best regards - Taggy

Hi T,

As a face to face did not take place, there will be an ESA85A Medical Report, there will also be an LT54.

There may be an ESA113, if one was sent to your G.P., and there could be an ESA72.

You can request these over the phone, but as you are not in any hurry, you could request them using a SAR :

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/


As there will definitely be an ESA85A and an LT54, you could request these by name, and then to cover all bases, request all other documentation that was used in coming to The SG decision.


As The ESA85A's can be most vague, you could particularly request written confirmation of the prognosis, and under which SG Descriptors he qualified. Whether it was under any of The Schedule 3 Functional Descriptors and/or Exceptional Circumstances Rules, under ESA Regulation 35.

bro58

Hi T,

It would be The DWP, not ATOS.

You would address your SAR to The DWP Benefits Office dealing with his ESA.

Put Data Protection SAR in front top left corner, and make it, FAO The Data Controller, in the address.

Sending Documents to the DWP or ATOS

Thanks for that Bro, i'll send off for those as soon as we've received the forms they said they were going to send, then I know where i'm sending them too.

Best Regards - Taggy

Hi There

I was just wondering, do requests for information from the ESA decision have to be on the SAR form or can you request the information in a letter?

Best Regards - Taggy

Taggy wrote: Hi There

I was just wondering, do requests for information from the ESA decision have to be on the SAR form or can you request the information in a letter?

Best Regards - Taggy

Hi T,

SARs can be made in the form of a letter, as long as you make it clear that it is a formal request for personal information as covered under The Data Protection Act 1998.

There is further information at the bottom of this page :

www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info

And here :

www.dwp.gov.uk/privacy-policy/data-protection/

www.ico.org.uk/for_the_public/personal_information

bro58