Valid reasons?

Does anyone know if DWP use any form of list or criteria to determine whether or not reasons for not attending an ATOS interrogation are acceptable and reasonable? I only ask as my wife has had her ESA stopped as she failed to attend an ATOS meeting. This was sent through Mandatory reassessment and they upheld the decision. The letter stated that 'non delivery of the appointment letter and not being aware of the the appointment date as a result of this is not an acceptable reason for non attendance'

In conversations with DWP I was told that they deem the letter as delivered as soon as it is produced on their system and that it was OUR responsibility to chase up any assessment whether or not we have been informed about it. In other words, I am responsible for the actions of the Post Office and their staff. I have been told that other people who experienced postal problems have been accepted as it being a valid reason so I need to know if anyone else has had this sort of problem so I can take details to the appeal and also if DWP have any criteria to work to, or whether it is all assessed on an ad hoc basis. Any help would be appreciated.

Peeved wrote: Does anyone know if DWP use any form of list or criteria to determine whether or not reasons for not attending an ATOS interrogation are acceptable and reasonable? I only ask as my wife has had her ESA stopped as she failed to attend an ATOS meeting. This was sent through Mandatory reassessment and they upheld the decision. The letter stated that 'non delivery of the appointment letter and not being aware of the the appointment date as a result of this is not an acceptable reason for non attendance'

In conversations with DWP I was told that they deem the letter as delivered as soon as it is produced on their system and that it was OUR responsibility to chase up any assessment whether or not we have been informed about it. In other words, I am responsible for the actions of the Post Office and their staff. I have been told that other people who experienced postal problems have been accepted as it being a valid reason so I need to know if anyone else has had this sort of problem so I can take details to the appeal and also if DWP have any criteria to work to, or whether it is all assessed on an ad hoc basis. Any help would be appreciated.

Hi P,

Welcome to Benefits and Work

Disqualification of ESA for non-attendance of a F2F without good cause can be a difficult situation to deal with.

There is guidance for Decision Makers (DM) on this issue from U2261 of this document :

Chapter U2 – ESA limited capability for work-related activity.

(In particular, see U2269 onward, regarding non receipt of an appointment letter.)

From this page :

www.gov.uk/government/publications/advic...n-making-staff-guide

You will also see : Chapter A1 – Principles of decision making and evidence.

referred to, which is near the top of the same page.

More recent guidance has been given which is in addition to U2261. This can be seen :

Here.

The things that I would be looking at are, have you or your neighbours had previous problems with mail going astray ?

Is your mail delivered to a communal area ?

Can other people access your mail ?

Have you asked The DWP and ATOS to provide administrative proof that the F2F appointment letter was sent by them on the stated date ?

Ask them to also provide proof that they used your Wife's proper name, with the correct address and postcode.

Is this the first F2F appointment ?, as a claimant is allowed to re-arrange once.

Unfortunately, the onus is on you, there is an assumption that if The DWP or ATOS can show that something has been posted, that is has been delivered.

If you look on rightsnet : Here.

There is case law that states the following (R(SB)33/85.) "The claimants word must be accepted unless it is self-contradictory or inherently improbable."

A link to the case law is below this post at : Post 4.

In the rightsnet claimant's case above, the claimant was stating that they had received and posted an ESA50 back to ATOS, but ATOS were initially stating that they did not have it.

The principle of the relevant case law is still the same.

i.e. On the balance of probabilities, is the fact that you are stating that you did not receive the F2F appointment letter self contradictory or inherently improbable ?

If it is not, then they should accept your word that it was not delivered to your address.

If you cannot prove "good cause" payment will not be made until a F2F is attended.

bro58

See this link ESA Failure to attend medical assessment without good cause