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DWP SUBJECT ACCESS REQUEST -HELP NEEDED PLEASE!!!

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6 years 11 months ago #187723 by Maureenb
Oh I need help I dont know which way to turn. My 37 year old daughter has Borderline Personality disorder and other mental health and physical issues. I have to help manage her life and finances. She lives in a HA flat with her 13 yr old son. She has been on ESA enhanced support rate, and DLA care component for many years.
Without my knowledge, last September she filled in and returned an ESA50 form. No copy was kept of course.
She was subsequently called for a medical assessment, again without me.
She attended in March. She believed the medical was for her DLA - that is how little she understands
The next contact was a phone call from local Job Centre on 19th April telling her that ESA was stopped and she had to sign on for Jobseekers Allowance. I went with her.
She sobbed and shook throughout the hour she was there.
I contacted (waiting 28mins for phone to be answered) the Jobcentre Plus department which handles her claim, and the man said the ESA65 decision has been sent out - but we haven't received it.
I understand we can get copies of the ESA50 she completed; the Copy of the Report made by the Healthcare Professional, and of course need the ESA65.
The email address I was given to request them is incorrect; the Job Centre have no idea where we get them from; and forms are needed to apply for a Mandatory Reconsideration.
Do you have any idea where/how we apply for these forms?
Which of your leaflets (I am a member) is the one I need to follow this up?
If it all fails - including Tribunal, can she put in a fresh ESA application?
There is no way she is capable of work.
Very grateful for any advice
Maureen Brown

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6 years 11 months ago #187738 by Gordon
Maureen

You shouldn't need to issue a SAR, if your daughter contacts the DWP that was dealing with her ESA claim then they should be able to provide copies of the documents. The address and phone number will be on any of the letters she has received about her ESA.

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 her claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Don't wait for the reports if doing so means that the DWP will not have the MR request on time, as she can lose all further right of appeal is the request is late.

Your primary task is to show that she meets the criteria for an ESA award, there are many reasons she 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.

She will only be able to make a new claim for ESA if she can show that she has a new condition or her existing ones have deteriorated such that she would now be reasonably be expected to receive an award.

Gordon

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

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