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 Use this to demand your WCA documents off the DWP/Atos

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PostSubject: Use this to demand your WCA documents off the DWP/Atos    Thu Nov 20, 2014 10:59 pm

Post by fudwp on Mar 17, 2014 at 12:39pm
To get the HCP's report and other documents that the DWP DM used to make their decision about your entitlement to benefits, you need to make a SAR (Subject Access Request). The easiest way to do this is by using the template, below, to email them at the email address at the foot of the letter.

This letter may look a little harsh, but it lets them know that you mean business, as well as your rights. If you prefer a less confrontational approach, simply use the template up to the paragraph ending: In addition, I also want the full name of the DWP DM involved in the decision to deny me benefits (or incorrectly place me in the WRAG).  

Pay attention to the areas in red, as they will need your personal details, or a bit of tweaking, to suit your situation:



Subject Access Request

FAO: Freedom of Information Team – SAR (put this in the subject bar)



Dear Sir/Madam,


Ref: put your NI number here



I wish to request the following information as a Subject Access Request:

Please forward ALL information pertaining to my WCA that took place on (insert date here), as well as ALL documentation (including the Audit Data Trail) you have regarding this assessment from my last ESA50, up to the present day. This should include, but not be restricted to, the following:

The ESA50
The ESA85
The ESA65
ESA85 (s)
The ESA113
All the medical information the HCP used to make their opinion
All the medical information the DWP Decision Maker used to make their decision
LT54

ESA65B.


Please make sure that you include the HCP’s full name, title and qualification, as well as the HCP’s GMC or NMC registration number. In addition, I also want the full name of the DWP DM involved in the decision to deny me benefits (or incorrectly place me in the WRAG).

If you are unsure of the correct SAR procedure, you may find the following link useful: www.dwp.gov.uk/docs/foundation-pack.pdf


I would like to draw your attention to the heading: Request for Information

(Please note that anything in italic has been copied and pasted from your FOI Foundation Pack.)

Requests for information must:

• be in writing
• in permanent form (including e-mail and faxes)
• state the name of the applicant
• state an address for correspondence (an e-mail address would be
acceptable)
• describe the information requested.


When you should get our reply


The Data Protection Act allows us 40 calendar days to provide you with your personal information. This starts from the date we receive a request that includes enough information for us to identify you and find the information. We will try to provide your information as soon as we can within this time.


Why can’t I destroy information when I have a request?


From 1 January 2005 it is a criminal offence to alter records with intent to prevent disclosure.

In this context, altering a record includes:

• defacing
• blocking
• erasing
• destroying or
• concealing.

The offence can be committed by a public authority and any person employed by, is an officer of, or subject to the direction of, the public authority. It cannot be committed by a government department but can be committed by an individual civil servant.

The offence can only be committed once a request has been received.

Altering or destroying records is a summary offence punishable by a fine not
exceeding £5,000.


2 Fraud by false representation



(1)(ii) A person is in breach of this section if he/she causes loss to another or to expose another to a risk of loss.
(2)(a) A representation is false if it is untrue or misleading, or
(b) the person making it knows that it is, or might be, untrue or misleading.



12 Liability of company officers for offences by company


(2)(a) If the offence is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer he is guilty of the offence and liable to be proceeded against and punished accordingly. 



The aforementioned employee/s can also be held financially accountable for any other loss of benefit that accompanies the original benefit i.e. Housing Benefit or Council Tax Rebate.


I look forward to your speedy response.


Regards



Mr/Mrs XYZ




Email to: freedom-of-information-request@dwp.gsi.gov.uk

Read more: http://fightback.boards.net/thread/558/use-demand-wca-documents-atos#ixzz3Jbq8KL8k
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