I Want To See My ESA50 Limited Capability for Work Questionnaire?

Department for Work and Pensions did not have the information requested.

Dear Department for Work and Pensions,

I want a copy of my ESA50 form and my accompanying letter as submitted by me to ATOS Nottingham in December 2012. I also want to see the same ESA50 form and my accompanying letter ATOS submitted to the Caerphilly Benefit Centre at JobCentre Plus Cardiff along with any correspondence from ATOS to the Caerphilly Benefit Centre at Cardiff. The latter made a judgement which resulted in me having to go for a 'Limited Work Capability Assessment' at the Spalding JobCentre Plus last week which is wrong as I am simply unable - not unwilling - to work.

Why will neither ATOS nor Caerphilly Benefit Centre comply with my legitimate request to see these documents on which their decision was based? What will you do to ensure I get a copy of my ESA50 and my accompanying letter plus any related correspondence from both organisations?

Thank you.

Yours faithfully,

Alan Long

DWP freedom-of-information-requests, Department for Work and Pensions

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John Slater left an annotation ()

Unfortunately the DWP won't give you what you want via the FOIA. You will have to use the Data Protection Act. If the DWP or Atos has already refused to provide you your data then it might be worthwhile contacting the Information Commissioner ( https://www.ico.gov.uk/Global/contact_us... )

Alan Long left an annotation ()

Thank you Mr.Slater for your very kind response. I'm very new to doing this kind of thing for myself. I will write again to ATOS and Caerphilly JobCentre under the Data Protection Act and ask again siting the link you supplied if they ignore me. I will indeed keep this request active for a while longer. I am appreciative of your kindness.Thank you.

John Slater left an annotation ()

You are welcome. You might want to look up 'Subject Access Requests'(SAR) as these are the formal way of requesting data that organisations hold about you. The ICO and other organisations, such as the Citizens Advice, may have template documents for SAR which usually cite the legislation and the statutory timescales involved

J Newman left an annotation ()

Another tip – specify the ’from’ and ‘to’ dates you want or you might get a whole load of stuff of no interest. I’m not sure how precise an SAR can be in relation to specific documents, so you may find you get everything they have between the dates you specify – including a CD with any calls to the JCP 0845 line.

Alan Long left an annotation ()

Thank you again Mr.Slater. I did indeed wonder if the CAB had a working template for this and I was able to find one of which I used to send off a second request with. I informed the firm I wrote to that if they didn't respond to my second request, I would write to my MP and ask him to intervene via the Information Commissioners' Office. I have disabilities of the body,but thankfully my marbles are still is working order despite the medications. I'm very appreciative of your help.Thank you again.

Alan Long left an annotation ()

Thank you J Newman for your welcomed advice.I did indeed put specific dates on this one as I did the last as I certainly didn't want a heap of pointless paperwork. One way or another,I will get to see my ESA50 and what ATOS did with it before they sent it to Cardiff JCP. Thank you again for your welcomed input.

Alison Stevens left an annotation ()

Serve the DWP, and Atos healthcare with a data protection request.
Under section 7 of the data protection act 1998, both of these agencies have a mandatory 40 WORKING DAYS TO SUPPLY YOU WITH COPIES OF ALL DATA THEY HOLD ON FILE ABOUT YOU.

A basic data access could cost you £10, but the DWP, and atos do not usually charge for anything,
I issued both Atos and the DWP, with the former in 2012, Atos told me over the telephone that they do not hold any data on you, but two days later a big parcel of files arrived by recorded delivery two days later.
Also the DWP gave me full disclosure to all my files.
If they breach the 40 working day compliance time write a letter to the information commissioner who will look into the breach and try and help to get the files for you, also use the DWP and Atos complaints procedure and ask them to investigate the breach.

Alan Long left an annotation ()

Hello Alison.Thank you for your note about the Data Protection Act requests. I've put in three so far. My first to ATOS was a farce so I repeated the request again using a template I found.The second will be sent to a Jobcentre in Wales tomorrow. I am also hopeful three complaints to ATOS sent via my MP will get a response. I appreciate your kind help and thank you again.

GEOFFREY REYNOLDS (Account suspended) left an annotation ()

I requested all information that the DWP held on me, up to now i have received three big envelopes full. I mean big.

GOT EVERYTHING I REQUESTED.

They also stopped my IC BENEFIT, insisted i went for a job interview and told me i needed sick notes to get my £71.00, despite having a letter from them many years ago telling me i didnt have to get any because of my disability.
I refuse to work or see a doctor.
Obviously i have appealed.

JOIN THE CLUB.......

Alan Long left an annotation ()

Hello Geoffrey. I'm really pleased that you've had a successful outcome with all that paperwork. I hope they'll be writing to me with the same over the next few weeks.

Alan Long left an annotation ()

Good news. The DWP in Cardiff phoned me to day 8th March 2013 and all information regarding my ATOS form & letter and all other correspondence from the 18th December 2012 to the present will be sent to me within the next ten days. I am hopeful this will assist me in my complaint about the way ATOS treated me. I'm really quite happy about this good news and thank you DWP Cardiff.

Alison Stevens left an annotation ()

This site is excellent Guys.
http://dwpexamination.wordpress.com/

Alan Long left an annotation ()

Alison,thank you for that link. The ESA50 form is a 'yes or no' option only and which has no relevancy to people like me. Luckily, my JCP appointment was with a very kind person who could see I'm physically unwell and deferred me from further visits for several months. This kindness was greatly appreciated.ATOS on the other hand are not fit for purpose and its owner should be tried for corporate manslaughter.

Alan Long left an annotation ()

My request was honoured by the DWP and received yesterday.I got all the information in full. I have now made a further formal complaint to my MP about it and the Atos/DWP response. There are several items of information which leave a lot to be desired. Thank you very much DWP in Caerphilly for the kindness and courtesy you have shown me which is stark contrast to Atos. You have helped me out substantially and I appreciate all that you have done.

DWP DWP Medical Services Correspondence, Department for Work and Pensions

1 Attachment

Mr Long

Please see attached reply to your Freedom of Information request

Many Thanks

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