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Face to Face "medical" no ESA50

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8 years 9 months ago #138163 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
Just to clarify what the letter from the DWP says

"We asked you to go to a Work Capability Assessment on 25th Jun 2015 so that a Health Care Proffessional (capital letters theirs as its the name of a Job, not an indication of what they are qualified to do I guess) could advise us on your ability to work.

We have looked at your reasons for not attending the assessment

A decision maker (no capital letters this time) has decided you are capable of work from 26-Jun-2015

There you are! They can do miracles now, there must have been a second coming which was obscured in the news by Katie Prices' love life.

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8 years 9 months ago #138164 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
Update 2 today;

Rang the DWP (8.00am) to ask for an appointment to get my letter sent to Belfast. I was told they don't do that for medical evidence any more, you just turn up at the JC. I wonder if anyone else has experienced that? I am worried it means I don;t have the evidence that I sent it through. They have denied getting my fit notes this way before and stopped my money.

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8 years 9 months ago #138165 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
update 3 today,

Doctors letter is a breif as humanly possible, its says I didn't feel well enough to leave the house. My feeling is they don't want to get pulled into the politics. That's a political decision but hey ho. Writing a covering letter and will copy it to the doctor.

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8 years 9 months ago #138188 by Gordon
Replied by Gordon on topic Face to Face "medical" no ESA50
Rita

You have been found technically Fit for Work because you failed to attend an assessment, this is an appealable Decision. As it is a question of entitlement, rather than eligibility, it should result in an Administrative hearing with just a Judge and should be heard quite quickly.

You can make a new claim for ESA immediately but you will not be paid ESA until six months have elapsed from the date of the Fit for Work Decision or a Decision is made on the new claim, whichever is sooner.

If you appeal and are successful then your old claim will replace any new one.

If you need the money, then your only option is to claim JSA, you should be able to negotiate a reduced commitment if you are appealing.

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 9 months ago #138292 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
Thank you for that, the DWP rang yesterday to confirm my letter and evidence is with the Decision Maker for a reconsideration. I am waiting to hear back from them, but the covering letter was long, detailed and chronologial, so ready for the appeal, and I will consult every relevant page on here before I submit the appeal documents. thanks for all your help and support x

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8 years 9 months ago #138597 by Anne-Marie Curry
Replied by Anne-Marie Curry on topic Face to Face "medical" no ESA50
Update:
DWP DM rang yesterday afternoon. Despite the compehensive evidence I sent my reconsideration has not been agreed. It didn't come as a shock. However, the conversation was very odd. She garbeled it all very quickly but seemes to be saying this; the medical reasons for my non-attendance do not apply in my case because I haven't had a "medical" since 2012 and this is against the regulations??? She said she had looked at the history on the system and I had failed to attend a number of invitations over the last 4 years (this isn't fact but she did say I couldn't argue with their records and this is "the law").

I said I had not recived any further invitations to a WCA since 2012 ( I had a broken leg and was found fir for work at WCA and appeal) and that was for JCA. She railed roaded the conversation and said - "look this is just a job to me" and said she would put this all in writing to me. she said I must have because they were on the system. Well why wasn;t I sanctioned then if they are telling the truth.?

She also said the difference between their assessments and the doctors assessment is that "the doctor treats what is wrong with you and was assess whether you are fit for work or not", kind of puts a medically qualified doctors diagnosis in the bin?

I was not able to provide the result of my blood test for whooping cough because I haven't had it back yet,but she mad it clear that in my case they would not accpet any medical evidence due to 6 missed medicals -? Do you think they could be just making that up? I was so shocked I forgot to ask any sensible questions.

There was one about 18 months ago that they cancelled. that was when there was a moritorium on mental health assessments and it was at the point of the change of contracts from ATOS to Maximum.

I cant wait to get the letter, when I do I will post what I have been sent for other people to learn from. I also have not been well enough to go and claim JSA, and I am worried as I m ill, if I claim the JSA, I'mnot fit for work or looking for work, that I will just be immediately sanctioned. Sitting in indecisive and muddled state! Is it a fraudeulent claim if you know you are not capable.

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