Can you get your file from SW?

struggling sam

Is one entitled to ask for copies of correspondence including internal, and decisons made and when, in respect of a claim?

Am seeing red here, so will try to be brief.

Applied for One Parent Family Allowance Nov 08.
Means Test early January 09.
Awarded the princely sum of 1.70 per week early March.
Applealed the decision, early March, in regards means test
and continually depreciating income.

Phone call about appeal, advised it takes on average 26 weeks!
Phoned in August and advised send in new financial details and it
would be taken into account.

Letter in mid September, appeal disallowed, but because of new information, your claim has been referred back to local office.

Ring Jan 2010, with local office.
Ring Mar 2010, with local office

May 2010, meet with Local Inspector and provide within 2 days all relevant information requested.

Monday August 9th, ring Appeals Office and perhaps I was given more information than they usually give. But, state my appeal number, then explain its kind of an appeal of an appeal. Was asked when was it disallowed, with letter in front of me, I said 10th September 09. She says,
"no it wasnt, your decision was made in July 09." Excuse me, I said, the
letter I have in front of me is dated 10/09/09, she insists decison made in July. NOW, WTF!!! They make a decision and it takes them 2 months to inform me and type a letter? And last but not least, "my file is with the local office and we cant rule on it until we get it back!

So now it is 21 months since I first applied and feel I cant believe a word they tell me. Would getting this info help my case? Most likely not, but if it helps expose serious inefficencies, I might calm down. Apologies for the long post, but its helping ease my frustration.

Annasopra

Not sure

But have a read of the links below

I am sure that they do have to give it to you

http://www.dataprotection.ie/ViewDoc.asp?fn=/documents/rights/2d.htm&CatID=17&m=r

http://www.welfare.ie/EN/Publications/SW89/Pages/1WhatisFreedomofInformation.aspx

30H!3

How have you been surviving for 2 years without the payment? Just curious

Balagan

You could try under The Freedom of Information Act
http://www.foi.gov.ie/

Dept. of Social Protection
Organisation:
Dept. of Social Protection
Address:
Foi unit. Dept.Social Protection Shannon Lodge Carrick on Shannon Co. Leitrim
Name:
Micheál O Ceallaigh;Sean O Boyle
Telephone:
071 9672545;071 9672543
FAX:
071 9672555
Email:
foi@welfare.ie
Web Address:
www.welfare.ie

struggling sam

30H!3 wrote: »

How have you been surviving for 2 years without the payment? Just curious

Had cash in the bank due to sale of family home due to separation. That was the basis of my appeal. The two children going to Uni stayed with me for two reasons, first because the ex moved 40 miles away, meaning longer commute, and secondly, she had no room in her accomodation for anyone else. But if she had claimed they were living with her, I know it would be fraud, she would have received the benefit no problem. But we had to be honest, and in doing so, reckon we/I got screwed big time.

I used my the proceeds of the sale of family home to keep going, as was self employed in a business close to the building trade, which as you know has gone downhill big time over last few years.

AvaKinder

Hey. I know in the office I worked in (Respite Grant) we would send copies of peoples files out if they asked politely. It was much easier to just respond to a letter initially than go through the FOI rigmarole. But it might be different for the other offices. I'd say send in a letter (registered) requesting a copy of your entire file, and if they say no they you can send in an FOI request.

blossom180

struggling sam wrote: »

Is one entitled to ask for copies of correspondence including internal, and decisons made and when, in respect of a claim?

Am seeing red here, so will try to be brief.

Applied for One Parent Family Allowance Nov 08.
Means Test early January 09.
Awarded the princely sum of 1.70 per week early March.
Applealed the decision, early March, in regards means test
and continually depreciating income.

Phone call about appeal, advised it takes on average 26 weeks!
Phoned in August and advised send in new financial details and it
would be taken into account.

Letter in mid September, appeal disallowed, but because of new information, your claim has been referred back to local office.

Ring Jan 2010, with local office.
Ring Mar 2010, with local office

May 2010, meet with Local Inspector and provide within 2 days all relevant information requested.

Monday August 9th, ring Appeals Office and perhaps I was given more information than they usually give. But, state my appeal number, then explain its kind of an appeal of an appeal. Was asked when was it disallowed, with letter in front of me, I said 10th September 09. She says,
"no it wasnt, your decision was made in July 09." Excuse me, I said, the
letter I have in front of me is dated 10/09/09, she insists decison made in July. NOW, WTF!!! They make a decision and it takes them 2 months to inform me and type a letter? And last but not least, "my file is with the local office and we cant rule on it until we get it back!

So now it is 21 months since I first applied and feel I cant believe a word they tell me. Would getting this info help my case? Most likely not, but if it helps expose serious inefficencies, I might calm down. Apologies for the long post, but its helping ease my frustration.

apply for freedom of information ,tell them what you want to know.they have 6 weeks to reply.best of luck.

Clauric

I would suggest that you contact the Ombudsman. This is the type of thing that they look at.

tenchi-fan

struggling sam wrote: »

Had cash in the bank due to sale of family home due to separation. That was the basis of my appeal. The two children going to Uni stayed with me for two reasons, first because the ex moved 40 miles away, meaning longer commute, and secondly, she had no room in her accomodation for anyone else. But if she had claimed they were living with her, I know it would be fraud, she would have received the benefit no problem. But we had to be honest, and in doing so, reckon we/I got screwed big time.

I used my the proceeds of the sale of family home to keep going, as was self employed in a business close to the building trade, which as you know has gone downhill big time over last few years.

Unfortunately that's how means testing work. It takes into account both your income and assets using a pretty comprehensive way to measure your means. Had you waited until your bank balance was sufficiently depleted you will have no problem making your claim.

Of course it's not "fair".. because if you had a home it would not be taken into account for the means test.

What exactly is the appeals system meant to do?

Assess the fairness of the current system? Or assess whether your application was processed according to the current system. I have a feeling it is the latter.