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DWP - How to get data from work capability assessment? GDPR, N1

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Recently, DWP paid me 7,000.00 backdated payments for sickness / ESA claims as a result of numerous complaints made about 3 work capability assessments, each of which having a medical report made by a nurse which omitted information. 2 of the work capability assessments were recorded.

 

The oral recordings of the assessment differed from the medical notes made by the nurse, this has been shown on 2 occasions when comparing the oral recording with that of the medical report.

 

Pointing this out to DWP - I was ignored for several years, complaints being answered but nothing being done in respect of the complaints. To have a 7 thousand pound payment years after may seem great - reality is that it is all used to pay debts to family who supported me during the time DWP refused to.

 

My data request is for a copy of a report made by a Dr. [redacted] who conducted both investigations into my last 2 work capability assessments.

This doctor could not find anything wrong with either of my work capability assessments between that of the actual recording and that of the written medical report. Whereas, other medical professionals have noted several elements whereby the assessments are unfit for purpose.

 

DWP refused to give me this data surrounding the doctor's investigation previously despite my many reminders. Again, in my latest assessment, DWP are refusing to give me this data. The data request was late (it needed reminding). Not only was it late, it did not contain any of the information I had asked for. I had asked for specific information surrounding the 2 investigations made by Dr. [redacted], this should have been 10 pages at the very most.

What resulted was at least 3,000 pages (some duplicates) of the entirety of my comlpaints with DWP...

In addition to someone elses name and national insurance number (totally unrelated to me) in amongst the data.

 

I wish for specific data surrounding the doctor's investigation. I have an N1 court claim form - are there any templates I can use to make a claim under GDPR forcing DWP to comply with my request?

 

 

--- The request is for data to aid in other complaints and essentially show that the assessment is unfit for purpose and even when complaining about it, a Doctor answers complaint saying everything is fine - when it is not.

Edited by Mr.P
Redacting the doctor's name.

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If the DWP have failed to provide all the data you requested, then a complaint to the ICO is in order. If they have included someone else's personal information, then this too should be reported to the ICO. It may also be worthwhile getting your local MP on board and see if he/she can bring pressure to bear on the DWP.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thanks for help. The ICO are practically useless, sorry for opinion. They will not help me get the info I want in a quick time, whereas a court would?

 

Sure, I will report the latest data breach to ICO. The last time I reported data breach to them from DWP I think they took about 3 months to respond to it.

Why DWP sees fit to send me about 3,000 pages of unwanted information including further data breach is just baffling. All I want is a copy of the report made by Dr [removed] who conducted investigation into my complaint of both work capability assessments oral recordings where medical information was not recorded in the written report.

 

Basically, this doctor says everything is in order. It is not in order. It is not in order since DWP reversed deision themselves after listening to copy of oral recording for mandatory reconsideration. Also, other medical professionals have made comments concerning the differences between the oral recording and the actual medical report.

 

DWP have refused to give this data to me for my 2nd assessment despite saying several times it would be sent. It seems they are refusing to give me for my 3rd assessment - which is reason why I wish to ask a Court to make order they comply with my request.

 

The reason for the request is to add to documentary evidence of their repeat lies and the way in which they treat vulnerable people. Hopefully I can build a court case against them in future highlighting their ways and how they fail they fail vulnerable people. The recent 7,000.00 payment went to repay debts to family. They owe (imo) another 5,000 for missing payments due to their incompetences. This totals 12,000 or 5 years of my life, with having no help and having to rely on family.

For those people without family, what would they do? The system is a disgrace and is unfit for its purpose.

 

The reason for my data request is to see the extent of both investigations conducted by the Doctor. Doctor dismisses my complaint saying his colleague who made assessment did so correctly - whereas DWP agree with my complaints finally after several years and backdate payment.

 

I want to apply to court for this data. Are there any template N1 forms for this?

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Hi. I've removed the doctor's name to keep this anonymous. We don't need the name in order to advise you.

 

HB


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Might it be possible that the information isn't being provided because it doesn't actually exist? Just because they say this doctor did an investigation doesn't mean that, even if he actually did, it was anything more than a quick read of the assessment report and a 'that's fine' comment.

I have now had 'investigations by the Chief Medical Officer' into 2 assessments, in neither case have I or the Independent Case Examiner been provided with any evidence that the investigation actually happened. I suspect it didn't, I doubt the Chief Medical Officer has time to thoroughly investigate even a tiny proportion of complaints about assessment reports.


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