still waiting

bro58 wrote:

jacqueline
snooks wrote:

done that Towser,written complaining etc.heard twice from my mp but he got the standard reply from DLA when he made enquiries on my behalf.guess the only way now is appeal process.

HI JS,

Sorry to hear of your problems, have you thought about making a complaint to The Information Commissioner.

See link below :

www.ico.gov.uk/complaints/freedom_of_inf...g_evidence.aspx#time

I don't think it would do any harm, and may help.

cheers

bro58

Your request would come under Data Protection Act 1998, as it's re : info held about you.

I have used this as leverage in the past, and it has helped.

See further info here :

www.ico.gov.uk/for_organisations/data_protection.aspx

cheers

bro58

Hi Jackie,

Have you had any luck in hearing back about the information you requested yet?

I haven't, and it's now 40 days past when the DWP would have received my first request.

Thank you Bro58 for your useful link. The DWP site refers to 40 days too...

www.dwp.gov.uk/privacy-policy/data-protection/

...interestingly ignoring reference to the initial 20 day period, or informing the information seeker that there will be a further delay.

Oh great... my hubbie rang and asked for them last week, and for a gl24... the gl24 arrived the next day but still waiting for the ESA85a and ESA65... I... well okay hubbie, sent the request in writing recorded delivery monday and they got it tuesday...reading this it looks like I will have a long wait silly me I was hoping to have them before I sent the appeal form in so I could be detailed in my appeal. So what is the situation then with getting them before your appeal hearing? kinda difficult to rebut the dms statement of reasons in detail if you haven't seen it?!

lindaturner wrote:

Oh great... my hubbie rang and asked for them last week, and for a gl24... the gl24 arrived the next day but still waiting for the ESA85a and ESA65... I... well okay hubbie, sent the request in writing recorded delivery monday and they got it tuesday...reading this it looks like I will have a long wait silly me I was hoping to have them before I sent the appeal form in so I could be detailed in my appeal. So what is the situation then with getting them before your appeal hearing? kinda difficult to rebut the dms statement of reasons in detail if you haven't seen it?!

Hi LT,

These excessive timescales in the DWP providing documents must be so frustrating.

However, I gather that you have only recently sent in your GL24.

Reconsideration will take place first, which can be up to a 12 week process, if no change at this stage the appeal will go forward to the tribunal, which as you may know is taking upto 12 months.

You can submit further evidence at any stage, right up until near the date of any tribunal hearing.

I am afraid that you can only complain and make a fuss in the mean time, and make the DM aware that you need these docs to use as evidence in your appeal.

The good thing is that you have requested the docs at the same time as submitting your GL24, so time is on your side.

cheers

bro58

Hi Linda

It's helpful but not absolutely essential to receive your medical report before filling in the GL24. You will have another opportunity to send written evidence later and after you receive the appeal papers.

I should warn you that the ESA65 is only a statement of reasons by name. It basically says that you failed to score 15 points (or failed to satisfy SG descriptors) and tells you what descriptors were satisfied. For claimants who scored zero points it is next to useless!

Obviously the ESA85(A) is important but it is only advice given to the decision maker that he may or may not have followed so it's even more important to see the decision makers full reasons when the appeal papers are sent out.

Good luck

Derek

thanks bro and derek... I haven't sent the gl24 back yet... still have a couple of weeks. I thought the ESA65 was the dms sor... sigh... I have been put in WRAG and KNOW I should be in SG. So when I send the GL24... recorded del at least... what do I ask for them to send? Just Decision makers Statement of Reasons ? thanks I have no idea how many points I got or anything other than I've gone into WRAG from IB... no medical.