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DWP Subject Access Request Notice
- Gordon
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12 years 4 months ago #93479 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DWP Subject Access Request Notice
TV
I think, given the situation ou find youreslf in, that there is little advice which we can safely give to you.
One thing, that stands out to me however, is that all of your actions appear to be related to the DWP and the evidence it used to deny your claim, I don't see any comments regarding your showing that you meet the ESA descriptors.
We often say to members that showing the flaws in the DWP evidence and Decision process is important, but you won't win your appeal unless you can convince the panel that you meet the descriptors for either the WRAG or the Support Group.
Gordon
I think, given the situation ou find youreslf in, that there is little advice which we can safely give to you.
One thing, that stands out to me however, is that all of your actions appear to be related to the DWP and the evidence it used to deny your claim, I don't see any comments regarding your showing that you meet the ESA descriptors.
We often say to members that showing the flaws in the DWP evidence and Decision process is important, but you won't win your appeal unless you can convince the panel that you meet the descriptors for either the WRAG or the Support Group.
Gordon
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- DandyBoy
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12 years 4 months ago - 12 years 4 months ago #93486 by DandyBoy
Replied by DandyBoy on topic Re:DWP Subject Access Request Notice
I hear you Gordo ...and thanks. The problem being the clearly manufactured report, e.g. they said i walk up three flights of stairs to my flat to give the impression i am fit...i don't have three flights of stairs in the building !
And i am on the first floor of two floors only !
My original papers covered the descriptor issues you mention, and i still have other evidence to put in, but then were countermanded by the false report amongst other misleading statements, like obtaining information from my Doctors when they hadn't. I was comfortable working to the 4 month+ time frame given to me by the Tribunal ...to suddenly say less than 3 weeks...plus people who said they would help within the 4 months weren't available within less than 3 weeks.
I hope they adjourn/postpone and return to the Tribunal's original timetable...there can be no way four months of backlog were suddenly cleared within 3 weeks ! It should serve as a warning to others, you may be told your appeal is six months away, but if it suits the Tribunal it could be next week !
Thanks again.

My original papers covered the descriptor issues you mention, and i still have other evidence to put in, but then were countermanded by the false report amongst other misleading statements, like obtaining information from my Doctors when they hadn't. I was comfortable working to the 4 month+ time frame given to me by the Tribunal ...to suddenly say less than 3 weeks...plus people who said they would help within the 4 months weren't available within less than 3 weeks.
I hope they adjourn/postpone and return to the Tribunal's original timetable...there can be no way four months of backlog were suddenly cleared within 3 weeks ! It should serve as a warning to others, you may be told your appeal is six months away, but if it suits the Tribunal it could be next week !
Thanks again.
Last edit: 12 years 4 months ago by slugsta.
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12 years 4 months ago #93490 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DWP Subject Access Request Notice
TV
Your immediate, practical issue, is that you need to have all of you documents with the Tribunal Service as soon as possible, even if you turn up on the day with multiple copies, if you have more than a few pages, the Judge may refuse to admit them as evidence.
I won't speculate on why your case has been moved up, but hearings are regularly cancelled, leaving holes in the schedule, so I suspect it is more to do with queue jumping than the TS clearing their backlog.
GOrdon
Your immediate, practical issue, is that you need to have all of you documents with the Tribunal Service as soon as possible, even if you turn up on the day with multiple copies, if you have more than a few pages, the Judge may refuse to admit them as evidence.
I won't speculate on why your case has been moved up, but hearings are regularly cancelled, leaving holes in the schedule, so I suspect it is more to do with queue jumping than the TS clearing their backlog.
GOrdon
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- DandyBoy
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12 years 4 months ago #93499 by DandyBoy
Replied by DandyBoy on topic Re:DWP Subject Access Request Notice
For reasons i cannot explain here, i beg to differ ! Far bigger picture. The non-reply to two demands under the Data Protection Act must clearly be a coincidence ??
The hearing was today, i sent a further fax to the Tribunal seeking/reinforcing my request for an adjournment if one had not already been granted - as i do not believe that in all the circumstances, and given the outstanding 'investigation' by the Tribunal Service (their findings may have a bearing), and the mistake of the Judge who said the evidence was within the dox when it wasn't, implying i am entitled to see it, a fair hearing could be held - and sought an adjournment - no disrespect being intended towards the Tribunal - i heard nothing since my complaint last week, and assumed it would be adjourned by implication as above - if the Tribunal are content to rely upon a falsified report, so be it ! The Press are interested in the apparent manipulation of the system, and someone else has prepared further FOI Requests. We will see !
Thank you anyway.

Thank you anyway.
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- Gordon
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12 years 4 months ago #93501 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DWP Subject Access Request Notice
TV
I did say I wasn't commenting on the why, just the how
Gordon
I did say I wasn't commenting on the why, just the how

Gordon
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- DandyBoy
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12 years 4 months ago #93505 by DandyBoy
Replied by DandyBoy on topic Re:DWP Subject Access Request Notice
Noted Gordo
...and 'thanks' !

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