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3 months 4 days ago #292760 by Anji
Subject Access Request was created by Anji
Hello there B&W family 😀

Just to recap on our situation...my son has been turned down for PIP, 0 points across the board at initial decision and at mandatory reconsideration despite a) an assessment with over 40 errors and inaccuracies b) a glaring error in their original decision making which was corrected before the MR and c) a lengthy support letter from his ADHD clinic detailing how his disability impacts him and containing the correction of said glaring error.

We have appealed to the tribunal last month.

I have just guided my son through a phone call with the PIP line.

Firstly, they told him that I can now officially talk to them as I am his named representative although not an official appointee...we have been chasing them about this since the appointee visit in March, so why no one told us I have no idea. Hey ho...at least that is progress.

He also asked for a subject access request and they told him he could not do this on the phone. However, I did discover a form online that you can request on, which I have now completed for him. He's also going to print out a letter and post that, just in case!!

Then he asked for a recording of his assessment. He had to ring another number for that. I was sure the recording would not exist, but they said it will be with him in 24-48 hours. That is going to be a real drag to listen to, but at least I can make notes and refer to timings etc. and contradictions in what we said and what the assessor wrote.

DWP are supposed to respond to the appeal by tomorrow, but I am pretty sure that won't happen. They had my son on hold for ages whilst they went to speak to the case manager and there was no mention of a response to the appeal or any suggestion that they may have changed their mind or let a more senior person look at the decision. I think this is going to go all the way 😫 Sorry folks, no uncrossing of fingers just yet!!! Your support is invaluable, I don't think I could have done this without everyone's support.

For anyone interested, this is the link to the request for information page, it was super easy to fill out:

secure.dwp.gov.uk/personal-information-request/

Thanks
Anji
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3 months 4 days ago #292764 by BIS
Replied by BIS on topic Subject Access Request
Hi Anji

Thanks for taking the time to give us such a comprehensive update. I'm so sorry this is being dragged out for both of you. We will continue to keep our fingers crossed and hope that you eventually get the outcome you seek.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 months 4 days ago #292770 by denby
Replied by denby on topic Subject Access Request
Well done Anji, sending you energy-to-keep-going!!!
Denby
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3 months 3 days ago #292786 by Anji
Replied by Anji on topic Subject Access Request
Thanks Denby and BIS

I cannot believe how intransigent the DWP are being on this. Mind you, having read so many people have complained about their Capita report, I sooooo wish I had done this because the assessment was so poor. DWP have accepted everything the assessor wrote despite all the evidence to the contrary and if I had complained perhaps we might have got another assessment, I don't know. I mistakenly believed that the DWP would actually look at the evidence and weigh it up, but I now can see that that is not the case.

Oh well, onward and upward!! ✊✊✊
Anji
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3 months 2 days ago #292798 by Anji
Replied by Anji on topic Subject Access Request
So.... as suspected, Capita rang my son yesterday and said that they had not actually recorded the assessment. As he rang and asked for this we do not have proof, although at the same time he asked for me to be dialled in and this did happen.

Luckily I took quite comprehensive notes, so I am going to type those up and add it to the evidence for the tribunal.

Anji
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3 months 1 day ago #292818 by Anji
Replied by Anji on topic Subject Access Request
Latest in from Capita is that, as we suspected, they did not actually record the assessment as we had requested. This is disappointing as it means we have no concrete record of what the assessor said. I did however, take comprehensive notes so I will type these up and add them as evidence to the appeal.

DWP are now a week overdue with their response. I shall give them another week and then contact the tribunal and ask that they go ahead without the response. I have read in the guides that this might prompt them to chase the DWP.

Anji
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