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ESA APPEAL.REQ FOR PERSONAL INFO
- lawrence
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11 years 9 months ago #88206 by lawrence
ESA APPEAL.REQ FOR PERSONAL INFO was created by lawrence
Hi Everyone,
Ive been a member for a couple of months but have never posted before just been reading forums and all the great advise.I wished id subscribed when i first applied for ESA/DLA.
Anyway i had to make a post and couldnt work my way round forum,i get confused easy so i apologise in advance if ive doen this wrong.
Im in the contribution based work related activity group and filled in my 2nd questionare in Feb 2012 explaining i had deteriorated and had also been diagnosed with extra illnesses..I heard nothing till May (by this time my 12mths contribution based had ended and my partner worked more than 24hrs) where i was informed i was still in WRAG so i appealed for Support Group,folling advice read on here i requested evidance of why they had reached their decision.Ive just received it today and the only evidance DWP have sent is an old sick note from April 2011 and my original 2011 questionaire not even the latest one.Also a covering letter stating they think theres more documents and are trying to find them and DPA 1988 states they dont have to send me all info anyway relating to my health that they have.
So i feel absolutely devastated its hard enough dealing with my illness and the loss of quality of life but the uphill battle is so draining,how can i appeal when ive no idea why they reached the decision they reached,how can i dispute anything.
Sorry for going on i just had to share this ive no one to discuss this with in person.
Stephx
Ive been a member for a couple of months but have never posted before just been reading forums and all the great advise.I wished id subscribed when i first applied for ESA/DLA.
Anyway i had to make a post and couldnt work my way round forum,i get confused easy so i apologise in advance if ive doen this wrong.
Im in the contribution based work related activity group and filled in my 2nd questionare in Feb 2012 explaining i had deteriorated and had also been diagnosed with extra illnesses..I heard nothing till May (by this time my 12mths contribution based had ended and my partner worked more than 24hrs) where i was informed i was still in WRAG so i appealed for Support Group,folling advice read on here i requested evidance of why they had reached their decision.Ive just received it today and the only evidance DWP have sent is an old sick note from April 2011 and my original 2011 questionaire not even the latest one.Also a covering letter stating they think theres more documents and are trying to find them and DPA 1988 states they dont have to send me all info anyway relating to my health that they have.
So i feel absolutely devastated its hard enough dealing with my illness and the loss of quality of life but the uphill battle is so draining,how can i appeal when ive no idea why they reached the decision they reached,how can i dispute anything.
Sorry for going on i just had to share this ive no one to discuss this with in person.
Stephx
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- Gordon
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11 years 9 months ago #88214 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA APPEAL.REQ FOR PERSONAL INFO
lawrence
You say you requested the evidence the DWP used to make their Decision with, was this an informal letter or a Subject Access Request?
If not the latter, then it may be worth you now submitting a SAR, this being a formal request with defined timescales for a response to be made, may result in more information being provided. There is a guide to complating a SAR on the following link
www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info
Whilst it can be important to dispute the evidence used by the DWP in making their Decision, especially if you believe it contradicts your own evidence, a Tribunal panel will on the whole, make its Decision based on your own testimony and most importantly, you showing that you meet the necessary criteria, so you might want to concentrate on this aspect of your case in preference.
I hope this explains it.
Gordon
You say you requested the evidence the DWP used to make their Decision with, was this an informal letter or a Subject Access Request?
If not the latter, then it may be worth you now submitting a SAR, this being a formal request with defined timescales for a response to be made, may result in more information being provided. There is a guide to complating a SAR on the following link
www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info
Whilst it can be important to dispute the evidence used by the DWP in making their Decision, especially if you believe it contradicts your own evidence, a Tribunal panel will on the whole, make its Decision based on your own testimony and most importantly, you showing that you meet the necessary criteria, so you might want to concentrate on this aspect of your case in preference.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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