SDA-ESA: My journey has begun

To keep you updated and for the benefit of other members in the migration process:

My carer phoned the DWP on my behalf earlier today. She spoke with a lovely lady who agreed that five weeks was a long time after an ATOS decision for a claimant not to have a decision. The agent emailed another section within the DWP to request a call back.

To date, my file lies unread in the DWP slush pile. My carer was informed that the DWP “have so many cases” that there are “delays”. What’s more, “the Decision Maker has to be very careful”.
When my carer queried the length of time before a decision the woman laughed at the prospect of a year but another month is possible. I’ll definitely submit a pre-decision SAR if I reach the eight week mark.

MW

To keep you updated and for the benefit of other members in the migration process plus questions re SAR:

My carer phoned the DWP on my behalf this morning. Eight weeks after Atos returned my file to the DWP with a clear recommendation I am still without a decision. A call back was arranged. My carer was subsequently informed of “awful delays”. However, I ought to hear “within the next month”. That could take us to twelve weeks since the Atos recommendation.

In addition, I have emailed Atos. My file has not been returned by the DWP with a request for a face-to-face-assessment.

My carer is now realising what the system is like and the degree to which it is distressing for claimants and carers alike. She has informed me that she not prepared to contact the DWP again. Indeed, there seems little purpose in further contact with the DWP unless it is to make a pre-decision Subject Access Request for documentation currently available. However, could I lose out by making this move in the coming weeks?

1. Some time ago, Gordon advised: “As an expectation, you are probably looking at 4-6 weeks…. You can issue a SAR for the ESA85A, you may even get it before a Decision is made, but even if you do receive it before then the DWP are very unlikely to look at any additional information you send them in response.” I would be unlikely to submit further evidence in response to the data. I would only be in a position to submit further information were there to be a serious and permanent deterioration in what the DWP already know to be a progressive medical condition.

2. My file remains on the DWP slush pile (assuming they’re haven’t lost it and are bluffing their way through). Would the issue of a SAR slow down the decision-making process further by requiring the Data Controller to remove my file from the pile awaiting the DM?

It is difficult to know what is the norm for a DWP decision when a claimant does not have an Atos assessment because the claimant seldom knows when Atos made the recommendation. Unless one finds out, as I did by chance in the course of email communication about delivery, there isn’t a clear timeline. For what it’s worth here’s mine:

• 98 days since DWP letter initiating the migration
• 66 days since ESA 50 submitted to Atos
• 57 days since Atos returned file to DWP with recommendation

MW

MariW wrote: To keep you updated and for the benefit of other members in the migration process plus questions re SAR:

My carer phoned the DWP on my behalf this morning. Eight weeks after Atos returned my file to the DWP with a clear recommendation I am still without a decision. A call back was arranged. My carer was subsequently informed of “awful delays”. However, I ought to hear “within the next month”. That could take us to twelve weeks since the Atos recommendation.

In addition, I have emailed Atos. My file has not been returned by the DWP with a request for a face-to-face-assessment.

My carer is now realising what the system is like and the degree to which it is distressing for claimants and carers alike. She has informed me that she not prepared to contact the DWP again. Indeed, there seems little purpose in further contact with the DWP unless it is to make a pre-decision Subject Access Request for documentation currently available. However, could I lose out by making this move in the coming weeks?

1. Some time ago, Gordon advised: “As an expectation, you are probably looking at 4-6 weeks…. You can issue a SAR for the ESA85A, you may even get it before a Decision is made, but even if you do receive it before then the DWP are very unlikely to look at any additional information you send them in response.” I would be unlikely to submit further evidence in response to the data. I would only be in a position to submit further information were there to be a serious and permanent deterioration in what the DWP already know to be a progressive medical condition.

2. My file remains on the DWP slush pile (assuming they’re haven’t lost it and are bluffing their way through). Would the issue of a SAR slow down the decision-making process further by requiring the Data Controller to remove my file from the pile awaiting the DM?

It is difficult to know what is the norm for a DWP decision when a claimant does not have an Atos assessment because the claimant seldom knows when Atos made the recommendation. Unless one finds out, as I did by chance in the course of email communication about delivery, there isn’t a clear timeline. For what it’s worth here’s mine:

• 98 days since DWP letter initiating the migration
• 66 days since ESA 50 submitted to Atos
• 57 days since Atos returned file to DWP with recommendation

MW

Hi MW,

"2. My file remains on the DWP slush pile (assuming they’re haven’t lost it and are bluffing their way through). Would the issue of a SAR slow down the decision-making process further by requiring the Data Controller to remove my file from the pile awaiting the DM?"

I am afraid that there is no way of knowing the answer to your query.

Whether you receive the requested documentation before the decision is made is also not a definite.

bro58

MariW

Sorry you're still waiting. Hope you get the Decision soon. Will keep you in our thoughts.
Best Wishes.

Wc.