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Face to Face "medical" no ESA50
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8 years 8 months ago #138610 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Face to Face "medical" no ESA50
Rita
As the MR appears to have been completed you should now be able to appeal the Decision with the Tribunal Service, you will need to receive the letter before doing this as you will need to include one of the MR Notices that should be included, with the form for the appeal.
Once the Tribunal Service have notified you that the appeal has been accepted you can contact the DWP and ask to be put back on to ESA at the Assessment rate (which is the same as what you would receive on JSA), until your appeal is heard.
You will need to provide and maintain a Fit Note for payments to be made, if you can get it back dated to the day after you were Found Fit for Work then you should receive back payments as well.
Requesting an appeal is covered in the ESA Appeal guide which also has links to the form you will need to use and an explanation of how to complete it.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
As the MR appears to have been completed you should now be able to appeal the Decision with the Tribunal Service, you will need to receive the letter before doing this as you will need to include one of the MR Notices that should be included, with the form for the appeal.
Once the Tribunal Service have notified you that the appeal has been accepted you can contact the DWP and ask to be put back on to ESA at the Assessment rate (which is the same as what you would receive on JSA), until your appeal is heard.
You will need to provide and maintain a Fit Note for payments to be made, if you can get it back dated to the day after you were Found Fit for Work then you should receive back payments as well.
Requesting an appeal is covered in the ESA Appeal guide which also has links to the form you will need to use and an explanation of how to complete it.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 8 months ago #138883 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
Hi all,
First of all a question, if I already have a fit note to cover the period from being found capable of work, do I need a new one dated from the 26/6 when a miracle occured and i was declared fit?
MRN content dated 27th July:
1. You have not provided good cause for your failure to attend a medical examination on 25.6.2015 in relation to the WCA. As a resutl you are not entitled to ESA from and including 26.6.2015.
2. On 12.6.2015 an appointment letter was sent to you to attend the ME on 25.6.2015 in connection with LCWA. You did not attend this appointment, so on 26.062015 an enquiry form (BF223) was sent to you to find out the reason for your failure to attend this assessment.
3. You did not return the BF223 form, so we were unable to establish why you didn't attend the assessment.
On 10.7.2015 a DM determined that you have not shown good cause for your failure to attend the assessment and a decision was made treating you as not having LCW.
the next side of the A4 sheet is lengthy but to summarise;
4. I did receive a BF 223 and just didn't bother t post it back - and I have to provide evidence of non-delivery?
5. I didn't inform Maximus i couldn't come
6. the weird garbeled conversation about how even if I was ill I still had to be sanctioned because I hadn't had a medical since 2012 was oddly missing.
Any observations helpful, I will b re reading the guides today and getting my appeal form.
Thank you everyone for your help, believe me I am not calm and I can't sleep.
First of all a question, if I already have a fit note to cover the period from being found capable of work, do I need a new one dated from the 26/6 when a miracle occured and i was declared fit?
MRN content dated 27th July:
1. You have not provided good cause for your failure to attend a medical examination on 25.6.2015 in relation to the WCA. As a resutl you are not entitled to ESA from and including 26.6.2015.
2. On 12.6.2015 an appointment letter was sent to you to attend the ME on 25.6.2015 in connection with LCWA. You did not attend this appointment, so on 26.062015 an enquiry form (BF223) was sent to you to find out the reason for your failure to attend this assessment.
3. You did not return the BF223 form, so we were unable to establish why you didn't attend the assessment.
On 10.7.2015 a DM determined that you have not shown good cause for your failure to attend the assessment and a decision was made treating you as not having LCW.
the next side of the A4 sheet is lengthy but to summarise;
4. I did receive a BF 223 and just didn't bother t post it back - and I have to provide evidence of non-delivery?
5. I didn't inform Maximus i couldn't come
6. the weird garbeled conversation about how even if I was ill I still had to be sanctioned because I hadn't had a medical since 2012 was oddly missing.
Any observations helpful, I will b re reading the guides today and getting my appeal form.
Thank you everyone for your help, believe me I am not calm and I can't sleep.
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8 years 8 months ago #138898 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Face to Face "medical" no ESA50
Rita
The previous Fit Note is normally superseded by the Fit for Work Decision so if you can get a new one, this would be best.
Any appeal you might make will only be concerned with your non-attendance, not whether you meet the criteria for ESA.
You need to answer the questions that the Decision Maker has raised, an earlier post says that you phoned the DWP about the missing BF22, you might want to try and get a copy of the recording.
I'm afraid that that the DWP can assume that letters are delivered unless the claimant can show that they were not. You should ask for proof the DWP to confirm the address used for the letter and for proof that it was printed and posted.
I'm afraid your case is weak without a formal diagnosis of Whooping Cough so you might want to start thinking about making a new claim for ESA, I am afraid you will not be paid until six months have elapsed or you attend an assessment, whichever is the sooner.
Gordon
The previous Fit Note is normally superseded by the Fit for Work Decision so if you can get a new one, this would be best.
Any appeal you might make will only be concerned with your non-attendance, not whether you meet the criteria for ESA.
You need to answer the questions that the Decision Maker has raised, an earlier post says that you phoned the DWP about the missing BF22, you might want to try and get a copy of the recording.
I'm afraid that that the DWP can assume that letters are delivered unless the claimant can show that they were not. You should ask for proof the DWP to confirm the address used for the letter and for proof that it was printed and posted.
I'm afraid your case is weak without a formal diagnosis of Whooping Cough so you might want to start thinking about making a new claim for ESA, I am afraid you will not be paid until six months have elapsed or you attend an assessment, whichever is the sooner.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 8 months ago #138929 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
Thank you Gordon,
Can I ask the DWP for a recording? Its not really in their interests to provide it. i am still waiting for the blood test to cme back, its not routine. Even if I didn't have Whooping cough, whatever it is is debilitiating. So Does this mean there are two ways to have your benefit restored, one a notifiable disease, the other to be dead and nothing in the middle?
Can I ask the DWP for a recording? Its not really in their interests to provide it. i am still waiting for the blood test to cme back, its not routine. Even if I didn't have Whooping cough, whatever it is is debilitiating. So Does this mean there are two ways to have your benefit restored, one a notifiable disease, the other to be dead and nothing in the middle?
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8 years 8 months ago #138931 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Face to Face "medical" no ESA50
Rita
The DWP record all calls so it should be possible to get a copy, start with a phone call but you might need to issue a Subject Access Request, see
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
A notifiable disease does not specifically excuse you from attending the assessment, you would need the advice to be that you remain in isolation or a statement from your doctor that you should for a period that included the date of the assessment.
Or a statement from your doctor and he would likely have need to have examined you at the time that you were too ill to attend.
Gordon
The DWP record all calls so it should be possible to get a copy, start with a phone call but you might need to issue a Subject Access Request, see
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
A notifiable disease does not specifically excuse you from attending the assessment, you would need the advice to be that you remain in isolation or a statement from your doctor that you should for a period that included the date of the assessment.
Or a statement from your doctor and he would likely have need to have examined you at the time that you were too ill to attend.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Anne-Marie Curry
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8 years 8 months ago #138932 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
The second thing I'm trying to get my head round, and actually, maybe you have answered it is this;
the conditions on which i receive ESA and would have has the WCA would have been Anxiety and Depression.
Because i could not attend the WCA, my original status becomes null and void?
I didn't miss it on mental health grounds, I missed it on physical health grounds, circumstantial rather than systemic.
So does this now become irrelevant?
the conditions on which i receive ESA and would have has the WCA would have been Anxiety and Depression.
Because i could not attend the WCA, my original status becomes null and void?
I didn't miss it on mental health grounds, I missed it on physical health grounds, circumstantial rather than systemic.
So does this now become irrelevant?
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