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PIP MR evidence gone missing should I comnplain?

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6 years 6 months ago #211014 by Eggcustard
Hi, I need help please.

After spending 6 weeks putting together a 40 page document for my MR including new GP evidence it has gone missing.
I had called DWP to confirm an extension until 6/4/18 and the document was delivered and signed for by DWP on 6/4/18 so it was on time. I then received a letter dated 6/4/18 saying because my evidence was late the MR had been done without it.
I called DWP on 17/4/18 to ask and they said the evidence wasn't on the system and hadn't been scanned in. I spoke to a member of the MR team and they said they didn't know where it was. They said they would track it down and call back by the end of the week. They didn't call back.
I called again on 23/4/18 to be told I couldn't speak to the person I spoke to before and the evidence still wasn't on the system. They said someone would call me back. After saying I had already been waiting a week and I'm running out of appeal time she "looked again" on the screen and said there was an email saying it had been found and someone would call me back, it would be logged as urgent.

I am going to send in my appeal form anyway but do I have grounds to complain to the DWP?
Is there a data protection issue if they have lost the document?
Do they have to do the MR again if the evidence was ignored?

I have also contacted my MP.

Thanks.

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6 years 6 months ago #211028 by Gordon
Eggcustard

We do warn members that their letters need to be with the DWP well in advance of the required date, in addition to postage time it takes sometime for documents to get to the right department.

Yes you can complain to the DWP but what do you want to get by doing this.

Complaining to the DWP

You say in your post that they have found the letter so I am not sure what the Data Protection issue would be,

They don't have to do a new MR although they may if you request it but they are obligated to look at the evidence, even if a further MR is not requestm, to see whether it prompts a revision, however, look at does not mean it will be given detailed scrutiny.

Gordon

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

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6 years 6 months ago #211042 by Eggcustard
Replied by Eggcustard on topic PIP MR evidence gone missing should I comnplain?
They shouldn’t give people a deadline date if they are not going to stick to it. If it takes 3 days to get to the right department that should be built into their timescales. I don’t think saying it’s my own fault is very helpful to be honest.

It hasn’t been confirmed yet that it has been found, it hasn’t been scanned onto the system, I have been told that if they lost the documents I should complain because it contains sensitive health information.

I hope the complaint will maybe get the system changed ! If everyone complained when things were “lost” they might not be able to get away with it. If people complain when things are sent on time but ignored maybe they would build the time it takes to get to the right department into the system.

I hope the complaint would mean the MR would need to be carried out again.

How can they be allowed to ignore evidence and not carry out a new MR? Surely that warrants a complaint too.

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6 years 6 months ago - 6 years 6 months ago #211044 by Gordon
Eggcustard

I can't fix the DWP, all I can do is warn members of the way they deal with these matters. :(

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 6 months ago by Gordon.

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