Useful Tips for Anyone Claiming DLA/ESA

Moderators: perseus, *Lisa*, FluppyPuffy

Useful Tips for Anyone Claiming DLA/ESA

Postby MCT » Thu Jan 19, 2012 2:58 pm

I found these tips for anyone claiming DLA/ESA on the comments of an article here: http://www.guardian.co.uk/commentisfree ... nts-(about half way down first page). I think it may be especially handy for those who need to appeal. Italicised areas added for clarification.

Any claimants of DLA/ESA

    Keep every letter, log every phone call, copy everything. Any errors, complain to the DWP (Department of Work & Pensions) in writing.

    Demand DWP and Atos send copies of all your records - ask whoever you deal with to check your identity then ask for a Subject Access Request under Principle 6 of the Data Protection Act 1998.

    If they refuse, they are breaking the law. If they palm you off to another organisation or tell you make a FOI request, report them to the Information Commissioners' Office (ICO). And complain to DWP.

    If they say they have recorded your message/conversation, check your phone records for times/dates and demand that you are given a recording of the call. And complain to the DWP.

    If you fill in a form, get help with it - check out disability websites to learn the tricks they use to deny your claims.

    If called for assessment, ask for the name and qualifications of the Atos HCP (Health Care Professional) who ordered it, and ask what evidence they used. Atos refuse to do this, so report them to the ICO and complain to DWP.

    If called for assessment, check that the centre is the nearest to your home, and if it isn't make them rebook it - and complain to DWP.

    You are entitled to cancel one assessment before they can stop your benefit - if the 12,000 people who are supposed to be seen every week did this, Atos would fail to deliver its targets. Good.

    If you go to an assessment, never go alone; record it (secretly if necessary) or get your companion to take notes.

    Insist that Atos send you a copy of the report - if they refuse, do the above re, records and complain formally to DWP and the ICO.

    If you don't get the right award, insist on a verbal explanation, insist the record of that explanation is given to you in writing and on tape, and ask for a reconsideration by a different decision maker.

    If you go to appeal, make sure you have someone to write notes, don't let them rush you, and insist that the files they have are the same as the files you have - however long that takes.

The system puts us under a ton of pressure - we have to prove this and prove that, and even when we do, the whole circus rolls on with the express purpose of making it difficult to claim and drowning us in paperwork to confuse us.

High time they got a taste of their own medicine, and high time we make it so hard for them to deny us our rights that they cave in because we have wised up and play them at their own game.

We can do this, really we can. We have the time and the motivation.

They want us to live in fear of that brown envelope saying - the computer says no.

Their turn - time for them to quake when yet another complaint/MP's letter/demand for records/ICO rebuke or fine/whatever turns up in their inbox.

Give them the same treatment they give us, and an already creaking system will fail - and they will have to put it right.

Courage, mes braves!
User avatar
MCT
UKFM Member
 
Posts: 463
Joined: Fri Sep 19, 2008 10:19 pm
Location: Scotland

Return to DWP, Working & Benefits

Who is online

Users browsing this forum: No registered users and 5 guests