Does SAR give the same docs as a trib. submission?

Hello again

Can I ask another question please

I've just been sent the submission documents pack for my DLA tribunal from the DWP. Does this contain everything the DWP have on me, or do I need to make a separate SAR to get it all?

I thought the 'bundle' would have it all in. But there is a document left out of their bundle I have just spotted that adds weight to my argument that they made a mistake(luckily I have a copy still). Also, there is a copy of an email in the bundle about my complaint I have just made where a senior person (who I addressed my complaint letter to) asks someone who was overseeing my case to include certain info they've got "if appropriate". So do they select the info for the bundle then?

Thanks for any help on this!

bobber31 wrote:

Hello again

Can I ask another question please

I've just been sent the submission documents pack for my DLA tribunal from the DWP. Does this contain everything the DWP have on me, or do I need to make a separate SAR to get it all?

I thought the 'bundle' would have it all in. But there is a document left out of their bundle I have just spotted that adds weight to my argument that they made a mistake(luckily I have a copy still). Also, there is a copy of an email in the bundle about my complaint I have just made where a senior person (who I addressed my complaint letter to) asks someone who was overseeing my case to include certain info they've got "if appropriate". So do they select the info for the bundle then?

Thanks for any help on this!

Hi B31,

The "bundle" should contain all documentation that the DM has used in connection with your DLA claim, the decision, and the reconsideration that would have taken place automatically when you appealed.

Everyone that appeals, receives the "bundle" if the original adverse decision being appealed is not changed at reconsideration stage, and is therefore sent forward to the appeals tribunal service.

If you feel that anything relevant to this is missing from the "bundle", you should query this with the DWP.

The SAR is something different, and is a request for some or all information held by the the DWP, with respect to the particular request made on the SAR form.

bro58

Thank you for that.

So it is better, do you think, that I ask the DWP rather than copy it myself & submit it directly to the tribunal? (havent been given a formal address to write to yet, but I could send it on when it comes??).

The DWP have also put my crucial medical evidence that was part of my claim pack for this year, lumped in with the medical evidence with my last years successful claim pack. So when you look at the bundle, in my naive opinion, it appears that I didnt submit any medical evidence with this claim. It is this medical evidence that a registered nurse working for 'Medical Services' within the DWP, totally misread (frightening for a medical person to have done this and I had assumed until I got the bundle that it was a non-medically trained DM that hade made the error). It was this misjudgement that lead to my frightening ATOS assessment. So it is crucial for my case I believe, for it to be in the right place in the bundle.

Do I let the Tribunal know its in the wrong place in the bundle, or will they realise it? Am i just being paranoid

Thanks again

bobber31 wrote:

Thank you for that.

So it is better, do you think, that I ask the DWP rather than copy it myself & submit it directly to the tribunal? (havent been given a formal address to write to yet, but I could send it on when it comes??).

The DWP have also put my crucial medical evidence that was part of my claim pack for this year, lumped in with the medical evidence with my last years successful claim pack. So when you look at the bundle, in my naive opinion, it appears that I didnt submit any medical evidence with this claim. It is this medical evidence that a registered nurse working for 'Medical Services' within the DWP, totally misread (frightening for a medical person to have done this and I had assumed until I got the bundle that it was a non-medically trained DM that hade made the error). It was this misjudgement that lead to my frightening ATOS assessment. So it is crucial for my case I believe, for it to be in the right place in the bundle.

Do I let the Tribunal know its in the wrong place in the bundle, or will they realise it? Am i just being paranoid

Thanks again

Hi B31,

It is important that the DWP, the Tribunal Service, and yourself all have exact copy of the "bundle"

It would be prudent to highlight any discrepancies as early on in the process as possible.

Better safe than sorry.

cheers

bro58

Thanks again for your advice - will do.

So is it best to do it straightaway with the DWP, as I've got their contact details now, and not wait for the address to come through for the Tribunal Service?

bobber31 wrote:

Thanks again for your advice - will do.

So is it best to do it straightaway with the DWP, as I've got their contact details now, and not wait for the address to come through for the Tribunal Service?

Hi B31,

Yes, the important thing is to ensure the the "bundle" contains any evidence that you may think is relevant to the appeal.

You can submit any fresh evidence right up until the time of the Tribunal Hearing, (obviously not advisable to leave it too late in the day).

Once you have the TS contact details, you could also ensure that they too have all the evidence in their "bundle".

It may not be advisable to rely on the DWP to do it for you.

cheers

bro58