Trying to retrieve information from DWP

Hello,

I am currently going through an IB appeal and was just looking for a bit of advice. So far i have had two IB medicals. The first one was back in 2008, which i was found unfit for work straight away. The second one was around the end of 2010, which i was found fit for work. As i believe i am unfit for work i am currently appealing this decision.

As soon as i found out the decision from the medical in 2010 i rang up the DWP to ask for a copy of the medical report from 2008, which they sent me no problem.

As i began to learn what the appeal process was about, a few weeks later, i put in a SAR requesting all information they had on me relating to IB. They reluctantly sent me the information (only sent it when i sent a letter recorded delivery, before that they apparently did not receive any of my other letters or faxes). What was missing from the pack, and what i really wanted, was a copy of the decision makers report from 2008. With the pack of information was a letter stating that this is all the information they have on me relating to IB. As it is company policy to only keep information for 14 months, they no longer have anything that happened before Feb 2009.

Now this clearly isn't true as a few weeks before they sent me something from 2008. What i want to know is: Is there anything i can do about this? Can i complain to the ICO (or any other body) to make them send me the information? Or are they well within their rights to not send me any information before Feb 2009 as per their policy? Obviously i have no idea whether they have the decision makers report still on file, i suspect that they do- but is there anything i can do to make them send it to me if they do or will i just be wasting my time in trying to pursue this?

I hope this makes sense and thanks in advance.

Hi,

Many thanks for your help. I guess i just assumed that they would still have it on file and were just avoiding sending it to me because they still had the medical report from 2008. But you're right, they might not actually have it.

When i phoned up to request a copy of the medical report, it was just a very quick phone call, no questions asked- i was surprised at how easy it was. Then when i put in a proper SAR thats when i started encountering problems. When they sent me the pack of information they didn't include a copy of the medical report from 2008, which i obviously know they have so i thought they were just not sending me things from 2008 because they don't have to.

Now i know theres not really much i can do about it i dont think i will waste a lot of time and effort on trying to retrieve it. I just thought i would ask because i have read people saying that if you put in the effort they have been able to retrieve information back from the 80's...i have no idea how they have done this but i get the feeling i am not prepared to put in as much effort as it will probably take. So i was just wondering whether there was something i was missing that i could do other than sheer persistence over a number of years. I might fire off a letter or two and see what happens and leave it at that.

Thanks a lot for your help.

lauradora wrote:

Hi,

Many thanks for your help. I guess i just assumed that they would still have it on file and were just avoiding sending it to me because they still had the medical report from 2008. But you're right, they might not actually have it.

When i phoned up to request a copy of the medical report, it was just a very quick phone call, no questions asked- i was surprised at how easy it was. Then when i put in a proper SAR thats when i started encountering problems. When they sent me the pack of information they didn't include a copy of the medical report from 2008, which i obviously know they have so i thought they were just not sending me things from 2008 because they don't have to.

Now i know theres not really much i can do about it i dont think i will waste a lot of time and effort on trying to retrieve it. I just thought i would ask because i have read people saying that if you put in the effort they have been able to retrieve information back from the 80's...i have no idea how they have done this but i get the feeling i am not prepared to put in as much effort as it will probably take. So i was just wondering whether there was something i was missing that i could do other than sheer persistence over a number of years. I might fire off a letter or two and see what happens and leave it at that.

Thanks a lot for your help.

The only thing that I could add, is that I received copy of all my DWP files last year, going back to 2000, which included my original EMP report for DLA from 2001.

However this was evidence needed with respect to a legal case that I had in the High Courts, and the request was made by my solicitor.

Have you thought of getting a solicitor to make the request for you, however you would then have to take into account any incurred costs.

I am aware of the 14 months rule that the mods state, it appears pretty hit and miss.

In another instance some years ago I had a appeal to the upper tier, and documentation was said to have been "LOST" by the DWP dept.

Best of luck !!

Please see my replies about the destruction of documents in this thread HERE.

I don't think that i have the energy or money to hire a solicitor to put in a request for me. Its interesting that you managed to get this information with the right legal help. It reflects very badly on the DWP i think.

Thank you for everyone's help, it is much appreciated.