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Thread: subject access request

  1. #1

    subject access request

    What should I get in the way of information should I expect when requesting a subject access request, the reason I am asking is I have made a request and the paperwork I received back was mainly the copies of information I sent them, was expecting information they had on me on file.

  2. #2
    I believe you're talking about your SAR in respect of your PIP files.

    I received:
    • covering letter
    • list of abbreviations
    • copy of the original DLA claim that was rejected including enclosed supporting evidence
    • copy of the inter-department correspondence passing the case from DLA over to PIP
    • copy of my PIP2 questionnaire including all attachments and the Special Delivery bar code label
    • 2 copies of the ATOS PA1 file note determining that the case was to be handled via face to face assessment
    • 2 copies of the ATOS PA4 assessment report
    • complete copy of the PIP 7001 award letter
    • copy of the Subject Access Report request
    • printout of the DPA (Data Protection Act) report from PIPCS (the PIP Computer System) - which, oddly says it contains 84 pages but only pages 1-70 were received


    I'm not going to pursue the missing 14 pages of the PIPCS printout as I will be making a follow up SAR for clerical records starting with the last day of my original SAR and all computer records once the incorrect start date of my award is fully resolved. I've given further details on how this came about in the final section of this previous post. DWP have now accepted the start date was incorrect owing to an error in the 'valid from' date on one piece of information on PIPCS that they believe is down to a system error, have manually issued a new decision letter but are struggling to pay the missing money. When this is resolved, I will update the original thread.


    There's probably five things that are likely to be of use, especially to any appeal or complaint:
    • the assessment report (especially the reasoned justification for the chosen descriptors)
    • copies of any medical evidence DWP obtained
    • the lack of any other evidence
    • the "Notes", "Communications", "Integrated Case Details", "Benefit Delivery Case Details" and "Tasks" sections of the PIPCS printout, which detail DWP's view of what happened and when in relation to your claim (almost all of the timeline I've posted of my claim was built from this information)
    • the "Explanations", "Reconsiderations" and "Appeals" sections of the PIPCS printout, which may add to what you already knew about DWP's views on the reasons for the rejection of your case


    The "lack of any other evidence" is that something in the assessment report and PIPCS printout is likely to reveal if DWP or the assessment provider obtained any other evidence, such as a factual report from your GP. Usually, if DWP are going to rely on something it will be in the file somewhere.

    However, the lack of other evidence is not conclusive as DWP are entitled to omit all mention of certain information. From your previous posts, I think it is unlikely any of these exceptions would apply to your case.

    Usually any omission would be information marked as harmful information by a medical professional, such as information about a health condition that the claimant was unaware of but which might harm the claimant. For example, this could be the revelation that the claimant's "chronic cough" was an innocuous phrase that actually meant "carcinoma of the lung with metastases in the liver and brain" (i.e. lung cancer that has spread to the liver and brain, which is almost certainly terminal). Another example would be full details of the claimant's mental health condition that had been withheld from the claimant as ignorance of those details was felt to be in the claimant's best interests.

    DWP are also entitled to omit certain information in respect of investigation into benefit fraud.


    It is important to remember that your task at appeal is to show it is more likely than not you meet the criteria for award of benefit, which is why you should focus your attention primarily on the assessment report. You should read this report in the light of your PIP2 together with any evidence you, DWP and the assessment provider obtained. You need to consider whether you need to obtain further evidence to support your arguments at appeal.

  3. #3
    the only information received back was the ATOS report.

    There's probably five things that are likely to be of use, especially to any appeal or complaint:
    the assessment report (especially the reasoned justification for the chosen descriptors)
    copies of any medical evidence DWP obtained
    the lack of any other evidence
    the "Notes", "Communications", "Integrated Case Details", "Benefit Delivery Case Details" and "Tasks" sections of the PIPCS printout, which detail DWP's view of what happened and when in relation to your claim (almost all of the timeline I've posted of my claim was built from this information)
    the "Explanations", "Reconsiderations" and "Appeals" sections of the PIPCS printout, which may add to what you already knew about DWP's views on the reasons for the rejection of your case

    so most of the above are obviously missing.

    I feel they are being obstructive or being totally useless as to why there is a lack of any other paperwork especially those listed by Flymo which may or may not be useful at the tribunal,probably need to chase them up and ask for ALL paperwork held.

    Once again many thanks to Flymo for all your help.
    Last edited by phillee; 02-20-2014 at 12:23 PM.

  4. #4
    I wonder if what you got was DWP response to a request for the information used to make the decision, rather than a formal Subject Access Request (as described in a previous post of mine).

    When I made my formal Subject Access Request I got an acknowledgement letter. When I got all the paperwork (in a bright yellow plastic envelope), there was a covering letter explaining the enclosed papers were DWP's response to my Subject Access Request and giving details of who I should speak to if I was unhappy with the response.

  5. #5
    Think you are right Flymo, will get back on to them, since my tribunal is not for at least 3 months it should give them plenty of time to get their act together, cheers.

  6. #6
    Since making a formal subject access request that was a month ago nearly, that was the next thing I was expecting from the DWP to drop through my letter box but no, I have got a letter this morning to say they have got all the information and reports they need and apologising for the delay, so decided to ring them to find out what it was about and apparently the nice lady told me they have asked for further information from the assessors (ATOS) and received it and will in all probability be looking at my claim again before it goes to tribunal and they will contact me further. I also asked about my subject access request and she told me it had only just gone into their system that morning, believe they have 40 days to respond to my request. So here's hoping they will see sense and give me my award before I have to endure a court hearing, won't get my hopes up too high though. Any thoughts anyone ??
    Last edited by phillee; 03-20-2014 at 09:15 AM.

  7. #7
    Great news, just had the letter drop through my letter box and guess what, my appeal will not continue as I have been awarded my PIP claim at the enhanced rate and the award period is from 28th June 2013 till 4th September 2023.
    Think I might have, if I could, a bit of a knee's up.
    So the moral is don't ever give up if you can honestly say you deserve these awards.
    And once again a big special thank you to Flymo who without his help and advice , if only this was available at the time of my claim, I am positive I would not have had to endure this prolonged claim.
    phew, can't tell you how relieved and happy at the outcome.

    Phil
    Last edited by phillee; 03-24-2014 at 01:25 PM.

  8. #8
    Excellent news. Its been a long process but worthwhile in the end.

  9. #9
    Senior Member firebird's Avatar
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    That is brilliant news, and well done to all of our members who give such great advice to others.

  10. #10
    I'm really glad for you. I thought all along that the way you explained your mobility problems would be crucial to success. It's great that I could help.


    Presumably you've been awarded enhanced rate Mobility and no Daily Living component, which you're happy with. That sounds right to me from what I recall of your case.

    Is the award ten years fixed-term, or is it "ongoing basis" with a review after ten years?


    It will be interesting to see what happens about that Subject Access Request!

    Meanwhile, enjoy the back money that should be headed into your account, and don't forget to apply for your Blue Badge if you want one and don't already have one. Assuming you've got 12 points on "moving around" your PIP paperwork exempts you from the Blue Badge assessment.

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