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Is this legal - ESA related

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Hi all, last november I started claiming ESA, signed the forms and obviously gave permission at that time for the jobcentre and any other relevant agencies/departments to use my personal details.

 

I stopped claiming in April/May and since then have continued to receive letters from ATOS healthcare about attending for a medical assessment.

 

Clearly therefore, they are still processing my personal and confidential details when they no longer have the authority to do it. I realise that Jobcentreplus may keep my details (which I agreed to) now that my claim has ended as they are not only a government department but also need my details for tax/fraud/repayment purposes etc.

 

However, as ATOS are a private company are they still legally allowed to process my confidential details (relating to my health etc) when I am no longer claiming any benefits. The jobcentre themselves are obviously aware that I am no longer claiming, but they are also aware that ATOS are still processing my details (as they sent me a letter asking why I didnt turn up for an appointment with ATOS). I will shortly be replying to their letter regarding why I didnt turn up (errr, check your system, i didnt need to) and want to know if ATOS still has an legal recourse for processing my data without my permission (permission was withdrawn when I cancelled my claim).

 

If anyone can help it would be much appreciated, because as you can imagine im not happy about being bothered by a company every week who I dont have anything to do with.

 

Thanks all

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It depends. Did you ever receive a medical for your ESA? If not they may be assessing whether you are owed any benefit arrears, which if you hadn't already had the medical you would need to have it to see if you qualified for the correct rate at the time of claim (questions from ATOS would be centrered around your health at the time you claimed).

 

Have you contacted the benefit delivery centre to ask why they expected you to attend the medical?

 

Was the medical arranged prior to your ending the claim?


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Hi, thanks for the reply. Sorry its taken so long to get back, just started a new job - w00t!

 

Basically I was payed for the whole claim, so there wouldnt be any arrears they needed to pay me.

 

Also, I never had an appointment when I ended the claim. The first appointment I was ever given was this one....several months after I ended my claim for ESA.

 

On a side note, this week I received a letter saying I was no longer entitled to JSA....even though the last benefit i was on was ESA so not really sure where they got that from.

 

Also got a letter this week from a company called seetec who help people on ESA back to work telling me I have an appointment with them. However, I also phoned them personally and told them I was no longer claiming.

 

So as it stands Jobcentre+ seem to think I'm on JSA and ESA, and ATOS and Seetec both think I'm on ESA, even though I've informed the jobcentre and seetec that I'm not on either.

 

My word this is confusing

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Google for the Information commissioner (ICO) and maybe think about giving them a ring to ask if its worth them looking into it. You will probably just have to complain to the DWP/ATOS to try and get them to stop pestering you though.


Note - all posts are my opinion only, and no action should be taken on any advice given without consulting independant advice from a suitably qaulified advisor.

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