missed ESA F2F re-assessment

Hello, I am new to the forum. I am on ESA WRAG for mental health/chronic back pain.
I could not attend my second opportunity F2F re-assessment because I was unwell on that day and did not see my GP but phoned Maximum to let them know.
I'd missed the first appointment with Maximum because I wanted more time to prepare for the assessment and get supporting evidence to backup my arguments for the ESA50.


The Jobcentre+ have written to me to explain my reasons for not showing up and include some evidence from a doctor or '...failure to provide evidence may result in the loss of entitlement to ESA...'

advice please

Taxi wrote: Hello, I am new to the forum. I am on ESA WRAG for mental health/chronic back pain.
I could not attend my second opportunity F2F re-assessment because I was unwell on that day and did not see my GP but phoned Maximum to let them know.
I'd missed the first appointment with Maximum because I wanted more time to prepare for the assessment and get supporting evidence to backup my arguments for the ESA50.


The Jobcentre+ have written to me to explain my reasons for not showing up and include some evidence from a doctor or '...failure to provide evidence may result in the loss of entitlement to ESA...'

advice please

Hi T,

Welcome to Benefits and Work Forum

Yes, this would be normal procedure for failing to attend a 2nd F2F "Medical" !

They generally send a BF223 Form which you should complete and return by any deadline date given :

Sending Documents to the DWP.

You will be expected to show "Good Cause" for your non-attendance, see :

"Claimant may be called for a medical examination to determine whether the claimant has limited capability for work

23.—(1) Where it falls to be determined whether a claimant has limited capability for work, that claimant may be called by or on behalf of a health care professional approved by the Secretary of State to attend for a medical examination.

(2) Subject to paragraph (3), where a claimant fails without good cause to attend for or to submit to an examination listed in paragraph (1), the claimant is to be treated as not having limited capability for work.

(3) Paragraph (2) does not apply unless written notice of the time and place for the examination was sent to the claimant at least 7 days in advance, or unless that claimant agreed to accept a shorter period of notice whether given in writing or otherwise."

From : ESA Regulation 23.

Which basically means that you can be found fit for work if you cannot provide "Good Cause".

This would result in your ESA payments ceasing.

ESA Regulation 24 includes reasons that are accepted as "Good Cause" for non-attendance.

If you were not well enough to attend on the day, you would need to provide evidence of this, from your G.P., etc.

bro58

You

Thank you, bro58

Around the same time and on that same day I meant to attend the F2F medical assessment, I saw my work programme adviser at a place called ingeus private sector. They wanted me to fill an application for a job, I could not concentrate and I had an argument with the staff because I was up all night due to anxiety and as a result I walked away from the building and went home to get some rest.

is that a good reason for not attending Maximum if I show them my ingeus appointment letter. My advisor had threated me for benefit sanction if I had failed to attend his app. so I was in a dilemma the night before

www.citizensadvice.org.uk/news/older-new...-medical-assessment/

Taxi wrote: Thank you, bro58

Around the same time and on that same day I meant to attend the F2F medical assessment, I saw my work programme adviser at a place called ingeus private sector. They wanted me to fill an application for a job, I could not concentrate and I had an argument with the staff because I was up all night due to anxiety and as a result I walked away from the building and went home to get some rest.

is that a good reason for not attending Maximum if I show them my ingeus appointment letter. My advisor had threated me for benefit sanction if I had failed to attend his app. so I was in a dilemma the night before

www.citizensadvice.org.uk/news/older-new...-medical-assessment/

Hi T,

I am afraid that only The DWP Decision Maker can decide whether you have "Good Cause" or not.

All that you can do is present the most compelling argument possible for your non-attendance.

If you can tie this in with your medical conditions, that should help.

Go into detail regarding your mental health issues, and any other mitigating circumstances.

If The DM decides that you do not have "Good Cause" you can request an MR/Appeal of that decision.

Please keep us updated.

bro58

Hi T,

There is further information on this under the heading : "Failure to attend or submit to a medical examination" From 42241 onwards in : DM Guide CH 42.

bro58

Hi T,

"Good cause for failing to attend for or submit to an ESA medical :

The DWP has issued employment and support allowance (ESA) guidance on what should be taken into account in considering whether a claimant has good cause for failing to attend for or submit to a medical examination.

DMG Memo 2/14 and ADM Memo 3/14 provide guidance in relation to taking account of the claimant’s state of health and the nature of their disability, and advises –

The claimant may state that they were unable to attend a face-to-face assessment due to the state of their health on the date of the appointment. Claimants may have difficulty in producing further medical evidence to support their statement, as GPs are not obliged to provide this. Failure to provide such evidence is not of itself a reason for refusing to accept that good cause was shown.

The decision maker should consider whether the stated health problem prevented the claimant from contacting Medical Services to re-arrange the appointment. The decision maker should also consider the nature of the claimant’s health condition and whether it could reasonably have lead to the claimant being, e.g. incapacitated, forgetful, confused, unmotivated or too anxious to comply with the process because of their health condition.

Decision makers are reminded that the nature of the claimant’s disability is a factor that must be taken into account when considering whether good cause is shown. The decision maker should make every effort to ensure that all sources of evidence are considered before making a determination on good cause.

The guidance advises that the fact that a claimant has previously attended a work capability assessment and been found to have limited capability for work is not sufficient reason that good cause has not been shown for a subsequent failure to attend, and that, in the case of repeated failure to attend, the fact that good cause was previously accepted is not a reason for concluding that the claimant should be aware of the requirement to attend a subsequent appointment."

DMG memo 2/14

&

ADM memo 3/14

bro58