request for documents

Karlo wrote:

Once again thanks Bro. On that note I'll wish everyone a goodnight and have a good weekend.

Same to you K,

bro58

Sort of a catch 22 situation. You send SAR because you need to know how they reached their decision, but DWP make you wait longer than the time limit for appealing. In my case denied they had received the SAR, even though they had acknowledged receipt of my appeal. The SAR was part of my appeal request, but that meant nothing to DWP. DWP sent me, 2 months late, a copy of my own ESA 50, and their ESA85A. The ESA85a mentioned a previous report and MED3, neither of which have been provided to me despite several requests, complaint to DWP and letter from my MP. I am waiting for follow up by ICO, but don't hold out much hope of getting meaningful info from DWP as they have since started sending me info bearing someone else's NI number.

My point being - regardless of legislation in place to enable you to get information on decisions about you that you are entitled to by law, do not assume you will be able to. My advice is to follow benefits and work guides, and try to think as a decision maker or ATOS. 'Medical assessor' would. I assume this to be looking to prove you are not entitled to the benefit you are applying for. Therefore get whatever evidence, from whatever source you can, and do not delay sending it as part of an appeal, with the proviso that you will send more evidence as it becomes available. It appears that DWP is overwhelmed by the volume of paperwork generated by ESA claims and appeals.
Best of luck
P.C.