UC WC assessment

Hi,

I am new here and just looking for some guidance.
Back in September, I had my telephone assessment which took over an hour. UC have now said that the assessor has decided I need a face to face and therefore they will not make a decision until I have one which will only happen when the government permits them to re-start. Is this allowed? I thought they had to make a decision either paper or telephone based? I had evidence from GP, Neurosurgeon, Physiotherapist etc. Health conditions are manager through pain clinic and GP and medications. I’d rather have them refused me so I can ask for reconsideration. They have also informed me through UC journal - not even a letter? Can I ask for a copy of the report? Or how they’ve made this decision?

Thanks for any help!
Naba

Hi Gary.

Please forgive me if this question has been asked and answered already.

How can a claimant not be able to get their medical report if under data protection law they have the right to receive the personal information an organisation holds about them?

My understanding is that the DWP prefers not to disclose the claimant's medical report until a decision is made because the report may yet be amended. However, the fact that a document is "work in progress" should have no bearing on a data subject's right of access: the DWP would be obliged to provide the report, even if it's a draft.

This of course is notwithstanding that the assessment in this case may have been halted before a report was produced.

By the way, am guessing that you mean UC85 rather than UC50.

Thanks, Gary and BIS.

Naba, you're legally entitled to the personal information held about you. That includes your medical report—finished or not—and even any notes about the decision not to decide your claim right away.

Write asking for all the information held in relation to your work capability assessment. You don't need to say you're asking under data protection law, but doing so might help ensure your request is taken seriously. Specifically mention the medical report, adding that it's required even though a decision hasn't been made—likewise any notes relating to the deferral decision. Write to both the DWP and, should any documents still be with them, the assessment provider. There's no charge and you must receive a response within one month. You can make the request verbally instead, but the call handler may not be familiar with your rights.

Here's a link to a page on the Information Commissioner's Office website about subject access requests.

ico.org.uk/your-data-matters/your-right-...copies-of-your-data/

If you're not provided with what you've asked for and no satisfactory explanation has been given, you can complain to the ICO. The ICO has enforcement powers. Don't be put off by talk of policy or normal practice—these things do not affect your rights.

Note that the advice on subject access requests in the Frequently Asked Questions topic of this forum is out of date; your rights as a data subject have become significantly stronger since it was last updated.

If of interest, below is a link to a freedom of information request on the withholding of medical reports. The DWP's FOI team say, somewhat contrarily, that there are "no such guidelines", but that it's "usual practice" to wait until a decision has been made.

www.whatdotheyknow.com/request/obtaining_a_copy_of_the_esa85_an