ESA ongoing appeal.

Appeal sent in 15th October 2012.

Hi.

I requested information on how the DWP reached their decision after lodging an appeal for my ESA after being migrated from IB to ESA WRAG. I have agoraphobia and an Anxiety disorder amongst other physical problems.

A pack came in the post this morning and it has information on my claim for IB going back to the start in 2003.

It contained - a file with DWP Corporate abbreviations, - a file with an LT54(DMACR)and an ESA85A. I want to ask -

ALSO In this pack is a Data Protection Act SAR Referral Notification for SOMEONE ELSE! It contains copies of solicitors letter, DWP letters, copies of emails, and all this guys info, NI Number, address, DOB. details of his claim for benefit. He lives about 10 miles from me!

BUT....if I have his file, does that mean he has mine, am I missing something from the information I have requested does anyone know.
What do I do with this stuff
And...what about Data protection ! Can they get away with doing stuff like this.

I am surprised that I only have a small file, I was not called for a face to face assessment. I note that there is a mistake in the ESA85A about medication I take, that I don't!

I have not heard any more about my appeal, just an acknowledgement letter for my form. I have not heard from the JC about interviews either is that usual.

Personally what I would say is really the right course of action on what you have written above pertaining to receiving another persons highly private and personal information is to simply place it all into the hands of the following

1.The press and I mean one of the big guns.
2.A lawyer to sue DWP.
3.The Prime Minister

Lawyer ist though.

and anyone else that could and will make the govt and hopefully the general public stand up and realise what is going on with DWP/ATOS etc.

pusscatsmum wrote:

Personally what I would say is really the right course of action on what you have written above pertaining to receiving another persons highly private and personal information is to simply place it all into the hands of the following

1.The press and I mean one of the big guns.
2.A lawyer to sue DWP.
3.The Prime Minister

Lawyer ist though.

and anyone else that could and will make the govt and hopefully the general public stand up and realise what is going on with DWP/ATOS etc.

Hi PCM,

In response to :

1. The O.P. has to be careful here, in that they could invite problems if they were to publicise the other person's personal information to a 3rd party, as they are obviously aware that the information is not personal to them.

2. The O.P. would have no legal redress themselves. unless thay could prove that their own personal information had been made available to a 3rd party.

3. I would recommend contacting their M.P., I don't think Mr Cameron would give a hoot !!!.

This actually happened with a friend's mother, where they received the ESA85 Medical Report of another claimant, which included very intimate information regarding mental health conditions and several suicide attempts.

The friend contacted the DWP, who then offered to collect the data in question personally. The friend's mother declined the offer, contacted their M.P., and the person who's ESA85 they had received in error.(As Gordon has suggested)

An official complaint was also made to the DWP.

Of course if the O.P. did contact the other person in question, and found that they had received the O.P.'s personal information also, then the O.P. could make a complaint to the Information Commissioner's Office as the DWP would then have breached the Data Protection Act 1998, with respect to themselves.

As it stands, the O.P. could not claim breach of the DPA 1998, on behalf of the other person.

bro58

bro58

Yes i understand, however data protection has been breached and the DWP wiill just brush it under the carpet with an apology, if lucky.

After discussing this with a legal friend,it was suggested that once the person who is in receipt of the confidential papers belonging to someone else contacts a lawyer/solicitor, direction can be made to the right people to highlight this very sensitive problem. He did say the information with editing should be made public and suggested Amnesty for advice.

pusscatsmum wrote:

Yes i understand, however data protection has been breached and the DWP wiill just brush it under the carpet with an apology, if lucky.

After discussing this with a legal friend,it was suggested that once the person who is in receipt of the confidential papers belonging to someone else contacts a lawyer/solicitor, direction can be made to the right people to highlight this very sensitive problem. He did say the information with editing should be made public and suggested Amnesty for advice.

Yes PCM,

If any copies of the documents were to made public, personal details would have to be redacted.

Personally, I would contact the other person in the first instance, but that of course would depend on where the O.P. wanted to go with this.

In the instance that I mentioned in my other post, the other person did not wish to take it any further, and the friend's mother received a written apology.

That was with the M.P.'s involvement.

bro58