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TOPIC: Overpayment letter

Overpayment letter 1 month 1 day ago #228122

I have had a demand recently for £5,500 for over payment of IB. i have asked for an MR and have been asking for 2 years for sight of my original paperwork under the freedom of information act. all requests have been ignored so I have put a complaint in to the DWP data protection team and also the commissioners office.
This is all at the time of my F2F for PIP i have received a letter this week knocking me from advanced rate care to nothing and also downgrading my mobility element.
Do you think I have rattled someones cage

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Overpayment letter 1 month 1 day ago #228126

  • Gordon
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  • Posts: 43175
jaxw

If you have made a Freedom of Information request then I am not surprised that the documents have not been provided, you can't use this for personal data rather you need to make a Subject Access Request

SAR :

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

From this page :

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

Re your PIP. The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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