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IB-IS loss of benefit for not attending medical
- pauline edna
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10 years 5 months ago #114589 by pauline edna
IB-IS loss of benefit for not attending medical was created by pauline edna
Hi can any one help ? . i did not attend my medical for my transfer from IB IS to ESA the reason was i had been refered to my nuerologist for assesment as my condition is progresing all the time. nuerologist then refered me for evoked potentials tests ,he also recomended that i wait for results to be with me for my medical. so i telephoned atos and explained this i also sent a letter relaying all this information sent recorded delivery which they say they never recieved but was signed for ? i then get the letter dated 20/10/13 saying my benefits had been stoped as of 12/11/13. i explained that i had not attended because i was waiting for all results. as was recomended by my gp and nueorologist. i asked to be looked at again they did and did not change there mind . i am so confused. i then get a letter 20/11/13 saying it had been looked at and again no change. also i was told that i needed to fill in a esa/3 form plus get a sick note from my gp and send these of so that i would get money whilst waiting appeal .today i rang dwp to see what was happening only to be told to contact HMCTS which i did they said they new nothing about an appeal for me i needed to go back to dwp. so again i did this dwp told me i need to appeal in wrighting and why had tribunal service should have sent me a sickness questioner and my esa with sick note was refused so no money please can some one help
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- Puccalove
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10 years 5 months ago #114597 by Puccalove
Replied by Puccalove on topic IB-IS loss of benefit for not attending medical
I am afraid you were given very bad advice and should have attended the medical despite waiting for results. You will have to appeal now in writing as well as send a sick note as you have been instructed. I suggest you look through the guides to help you with preparing for appeal. You will need to decide which descriptors apply to you and get medical evidence to support this.
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- Gordon
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10 years 5 months ago #114598 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB-IS loss of benefit for not attending medical
Pauline
just add to the advice already given.
ATOS are supposed to allow claimants one missed or changed appointment before returning their file to the DWP as a no show, was this your first appointment or had you already missed one or re-arranged it for another date?
Gordon
just add to the advice already given.
ATOS are supposed to allow claimants one missed or changed appointment before returning their file to the DWP as a no show, was this your first appointment or had you already missed one or re-arranged it for another date?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- pauline edna
- Topic Author
10 years 5 months ago - 10 years 5 months ago #114601 by pauline edna
Replied by pauline edna on topic IB-IS loss of benefit for not attending medical
Hi Gordon no the first appointment was up 64 stairs and the only way down if there was a fire was a lift i have a fobia against confined space my GP supplyed a letter for this . but my other consern is i now have no monies to live on as dwp told me to appeal plus send a new esa 3 claim in with a sick note today 1 dwp worker said when appeal is recived and registed i would get a low rate of £71.00 then i was passed to another dwp worker and they said i will not get any thing
Last edit: 10 years 5 months ago by Gordon.
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- Gordon
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10 years 5 months ago #114603 by Gordon
Ok, so you have had two appointments so that route is closed.
Your main problem is that failing to attend is classed as a technical failure and as a result you are not entitled to payment while you appeal.
You can make a new claim for ESA, this will have to be for Income Related ESA as you will have no NI Contributions that you can use for a Contribution Based one. ESA(IR) is dependant on your household income, assets and savings and hours that a partner works.
Again, I am afraid that this will not be payable until six months have elapsed or you attend a face to face assessment, given the delays in the system, this may be some time.
You may be eligible for Hardship payments, but this will depend on your personal circumstances, failing that your only other option is to claim JSA, but this presumes that you will be able to meet the requirements of any job search commitment.
I would recommend that you try and get face to face advice
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB-IS loss of benefit for not attending medical
pauline edna wrote: Hi Gordon no the first appointment was up 64 stairs and the only way down if there was a fire was a lift i have a fobia against confined space my GP supplyed a letter for this . but my other consern is i now have no monies to live on as dwp told me to appeal plus send a new esa 3 claim in with a sick note today 1 dwp worker said when appeal is recived and registed i would get a low rate of £71.00 then i was passed to another dwp worker and they said i will not get any thing
Ok, so you have had two appointments so that route is closed.
Your main problem is that failing to attend is classed as a technical failure and as a result you are not entitled to payment while you appeal.
You can make a new claim for ESA, this will have to be for Income Related ESA as you will have no NI Contributions that you can use for a Contribution Based one. ESA(IR) is dependant on your household income, assets and savings and hours that a partner works.
Again, I am afraid that this will not be payable until six months have elapsed or you attend a face to face assessment, given the delays in the system, this may be some time.
You may be eligible for Hardship payments, but this will depend on your personal circumstances, failing that your only other option is to claim JSA, but this presumes that you will be able to meet the requirements of any job search commitment.
I would recommend that you try and get face to face advice
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- pauline edna
- Topic Author
10 years 5 months ago #114604 by pauline edna
Replied by pauline edna on topic IB-IS loss of benefit for not attending medical
thank you Gordon i will keep every one informed
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