Face to Face "medical" no ESA50

Update;

I have had the Whooping Cough (Pertussis Bortadella) blood test come back positive and Public Health have written to me to confirm this.

I was trying to prove I did not recieve the BF223 , I wrote and asked for the phone call recordings for all of June I had made to the DWP and they had made to me.

They eventually supplied me a CD with two calls I made but nothing from them which would have recorded the call from Belfast telling me I did hot need a BF223 just the "evidence" I had. They didn't specify a Fit Note when they spoke about evidence, and the doctor had not had the blood test results back so all she c ould write was that she was waiting for the blood test.

I am slowly working through the appeal bundle whilst seeing Kings about my kindey problems and Lewisham hospital regarding the larynx issue. I am have also been referred to the Chest Clinic to eliminate the possibility of Tuberculosis.

I will be asking for a fit note tomorow to cover the period with the Pertussis for the appeal. Its really hard to see my doctor, and to remember all the things she should be looking at - I forgot to ask her for the fit note when I saw her last Wdnesday!

Rita wrote: Update;

I have had the Whooping Cough (Pertussis Bortadella) blood test come back positive and Public Health have written to me to confirm this.

I was trying to prove I did not recieve the BF223 , I wrote and asked for the phone call recordings for all of June I had made to the DWP and they had made to me.

They eventually supplied me a CD with two calls I made but nothing from them which would have recorded the call from Belfast telling me I did hot need a BF223 just the "evidence" I had. They didn't specify a Fit Note when they spoke about evidence, and the doctor had not had the blood test results back so all she c ould write was that she was waiting for the blood test.

I am slowly working through the appeal bundle whilst seeing Kings about my kindey problems and Lewisham hospital regarding the larynx issue. I am have also been referred to the Chest Clinic to eliminate the possibility of Tuberculosis.

I will be asking for a fit note tomorow to cover the period with the Pertussis for the appeal. Its really hard to see my doctor, and to remember all the things she should be looking at - I forgot to ask her for the fit note when I saw her last Wdnesday!

Hi R,

Even though you would normally send all evidence to The Tribunal Service once they have accepted your appeal, I would send copy of the letter from Public Health confirming that you did have Whooping Cough on the day of your failure to attend your face to face (a notifiable disease) along with a copy of the fit note from your G.P. confirming this.

You should also copy the Tribunal Service (TS) in on this of course.

Once DWP have this evidence, they will struggle to show that you did not have "Good Cause" for non-attendance.

This could result in them conceding and your appeal would therefore lapse.

Sending Documents to the DWP, ATOS, Capita or Maximus.

I would also contact your M.P. and inform them what has gone on :

Contacting your MP

It would not be the norm for The DWP to concede prior to an appeal hearing, however, they can do so, and have with another member who produced fresh evidence once their appeal had been lodged with The TS and accepted by them.

Even though : This Topic is with respect to a DLA appeal, the same would apply regarding providing DWP with fresh important evidence of this significance.

This, along with contacting your M.P. may help to expedite matters in your favour.

Please keep us updated.

bro58

Thank you Bro58, the links are incredibly helpful xx

Rita wrote: Thank you Bro58, the links are incredibly helpful xx

Hi R,

As is the norm, they had moved the DM Guides referred to !!

I have now updated the links in This Post in the topic so that they take you to the correct DM Guides.

bro58

Update,

Got a fit note confirming the Whooping cough, a letter from the GP, the letter from public health and a repeat SAR and a covering letter asking for a reconsideration and took it all to the Job Centre to have it e-mailed to Belfast. The JCP staff member who helped me said that WCA sanctions/found well enough to work have increased lately. He's personall dealt with three that day. Today my council tax benefit was restored, not getting m hopes up, seems very fast, might be a mistake? Will keep you all updated and thank you all for your incredible help xx