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Availability of historical DWP records

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11 years 9 months ago #107150 by Richard Sergeant
May 22 Judges ruling against DWP on ESA was created by Richard Sergeant
Not surprisingly,I did find it impossible to get an extension and had to send in my submission without all of the evidence I would have liked a 'Health Care Professional' to have at a 'paper based assessment'. Mainly, I had/have difficulty prizing information held on me from the hands of DWP itself - no one, at 3 separate offices, seemed to know anything about me. I have inside information about what is called in the DWP offices 'the IB black hole' where much information just disappeared without trace and I think that must be where my Data has gone.
I am currently at a stage of email exchange with the Data Protection officer at Hackney to try and get the record of what previous decision makers have concluded about my assessments (I've been in this game for 20yrs so all sorts of things have been committed to paper about me) and just to find out what information DWP still hold about me. What the Data protection guy is telling me ... or inferring since he keeps everything general ... is that my case papers and computer records have been destroyed and so are 'not available'. I am today trying to get him to state bluntly if they have or haven't (... what he has told me about the process and principles of file destruction is, in itself, very revealing reading - and might be of use to Benefits and Work I think ... I don't quite know how to send this to B&W. He summarizes a 'complicated and very large policy document').
My thinking was that since, 9yrs ago and 4yrs ago, decision makers concluded that my condition was serious ( and included mental health features) and long term it could do no harm to let the HCP at Atos have this record. Without my presenting this information they wouldn't know this (and until I get it I don't know what they said either ... but it worked for me then so it might work again for this new ESA farce).

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11 years 9 months ago #107168 by Gordon
Replied by Gordon on topic May 22 Judges ruling against DWP on ESA
Mr T

I have moved your post to it's own topic as it really did not have anything to do with the topic you posted in.

I obviously cannot comment on the availability of the records held by the DWP for a specific individual, however, as I understand it DWP Data Retention policy is to destroy paper records after 14 months, so I think it unlikely, although not impossible, that the records you are seeking no longer exist.

Gordon

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 9 months ago #107170 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic May 22 Judges ruling against DWP on ESA

Mr Tiredout wrote: Not surprisingly,I did find it impossible to get an extension and had to send in my submission without all of the evidence I would have liked a 'Health Care Professional' to have at a 'paper based assessment'. Mainly, I had/have difficulty prizing information held on me from the hands of DWP itself - no one, at 3 separate offices, seemed to know anything about me. I have inside information about what is called in the DWP offices 'the IB black hole' where much information just disappeared without trace and I think that must be where my Data has gone.
I am currently at a stage of email exchange with the Data Protection officer at Hackney to try and get the record of what previous decision makers have concluded about my assessments (I've been in this game for 20yrs so all sorts of things have been committed to paper about me) and just to find out what information DWP still hold about me. What the Data protection guy is telling me ... or inferring since he keeps everything general ... is that my case papers and computer records have been destroyed and so are 'not available'. I am today trying to get him to state bluntly if they have or haven't (... what he has told me about the process and principles of file destruction is, in itself, very revealing reading - and might be of use to Benefits and Work I think ... I don't quite know how to send this to B&W. He summarizes a 'complicated and very large policy document').
My thinking was that since, 9yrs ago and 4yrs ago, decision makers concluded that my condition was serious ( and included mental health features) and long term it could do no harm to let the HCP at Atos have this record. Without my presenting this information they wouldn't know this (and until I get it I don't know what they said either ... but it worked for me then so it might work again for this new ESA farce).


See also : DWP & Your Personal Information

DWP will often state that your records are destroyed under the Data Protection Act 1998. However, I recently helped a client who had an alleged over payment way back in 2005, and I asked for evidence of this 'overpayment' and they supplied me with documents over 8 years old.

DWP as Gordon has advised destroy paper documents around 12 to 15 months old, but they still hold records on their computer database pretty much indefinitely especially for long term claimants of DLA and IB.

As an example, my wife receives DLA mobility and care component. I asked for her care component awarded in 1992 to be increased. The DLA Unit in Blackpool were able to provide a copy of her original claim form from 1992.

The Decision Maker superseded her previous award made in 1992, and increased it to middle rate care without a medical, just based on the up-dated evidence I supplied.

So it proves they don't destroy all evidence within 12 - 14 months.

I should add, I'm a former Welfare Rights Lawyer, plus I sat as the Disability Specialist on DLA Tribunals for over 10 years. Whether or not this helped with my wife's case is speculative ;)

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 9 months ago #107212 by froggylegs
Replied by froggylegs on topic May 22 Judges ruling against DWP on ESA
I submitted an SAR request last month looking for my ESA85A and LT54 after being migrated from IB to ESA. I received back over 300 A4 sheets of i for going right back to the early 90s including copies of very old IB applications.

I did not, however, receive what I asked for :S so I have submitted another request.

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