Face to Face "medical" no ESA50

Rita Hi

I have no constructive news to furnish you with regarding your battle.

Whilst I recognise the pain and angst that you’re going through, coupled with the financial uncertainty and that me extending warm empathy to you via script, ain’t much comfort………………..I just felt compelled to say that I and I suspect many other members’ are routing for you.

What I will ad, however, is that if the roof over your head is under threat and you do have a local SHELTER office, do contact them……………their support and knowledge is amazing!!!!!!!!!!!!!!

Kind Regards

P.

Update.

got a letter from the decision maker Dominique Dawudo, says - I have looked at the further evidence on 3rd September (sent 25th August by e-mail from Lewisham Jobcentre) after reviewing the evidence and your case. I am afraid this does not change our decision. The original decision holds.

So the DM guides don't count then, its all up to one person or the team leader to make arbitrary decisions.

The good news is when I rang today I was told that they had heard from the Tribunal and re-opened my case so I will get half pay until the Tribunal. I also received a payment last night, It hasn't payed my mortgage arrears, but it keeps the wolves from the door. Once I submit a fresh sick note, which the call centre lady told me to do (so they aren't all bad).

At least I can stop panicking now.

Thank you all for your help and support and I will keep you informed x

Rita wrote: Update.

got a letter from the decision maker Dominique Dawudo, says - I have looked at the further evidence on 3rd September (sent 25th August by e-mail from Lewisham Jobcentre) after reviewing the evidence and your case. I am afraid this does not change our decision. The original decision holds.

So the DM guides don't count then, its all up to one person or the team leader to make arbitrary decisions.

The good news is when I rang today I was told that they had heard from the Tribunal and re-opened my case so I will get half pay until the Tribunal. I also received a payment last night, It hasn't payed my mortgage arrears, but it keeps the wolves from the door. Once I submit a fresh sick note, which the call centre lady told me to do (so they aren't all bad).

At least I can stop panicking now.

Thank you all for your help and support and I will keep you informed x

Thanks for the update R !

So even though you have provided them with documented evidence from an official source that you were suffering from Whooping Cough (A notifiable disease) on the day of your face to face, they are still insisting that you have not shown "Good Cause" for non attendance !!!!!!!!!!

This is absolutely ridiculous !!!!

Suffering from Whooping Cough at the time of an appointment for an ESA face to face assessment clearly demonstrates that you had "Good Cause" for non-attendance, as at :

ESA Regulation 24. (b) :

"Matters to be taken into account in determining good cause in relation to regulations 22 or 23

24. The matters to be taken into account in determining whether a claimant has good cause under regulations 22 (failure to provide information in relation to limited capability for work) or 23(failure to attend a medical examination to determine limited capability for work) include—

(a)whether the claimant was outside Great Britain at the relevant time;

(b)the claimant’s state of health at the relevant time;

and

(c)the nature of any disability the claimant has."

If this was me, when it is confirmed that you did have good cause for non attendance, I would be "going after" The DM in question for causing so much suffering and financial hardship/inconvenience with their poor decision making.

I would be making an official complaint : Complaining to The DWP

I would also be looking into claiming : Financial Redress for Maladministration. (DWP)

I would also complain to my M.P. : Contacting your MP

I am no "Legal Eagle", but this Decision Making is so blatantly poor that it could even be paramount to : Misfeasance in Public Office.

Of course, whether you choose to go down any of those road is your decision to make !!

Hopefully this whole sorry episode will be sorted out in the very near future !!!

bro58

thank you so much bro, you are a fantastic source of help and inspiration xxxx

Update, been really ill again with all this stress, even missed hospital appointments. Tribunal this afternoon and because of it all I've only just read their document pack. Its quite scant and written in a very offhand way. Actually I'd say incompetent. How Ironic if I win. I'm so anxious about this because the world isn't making sense to me under this government. I will let you know as soon as I hear what the decision is and when I am calmer, go through the finer points which led to the final outcome xxx bless you all xxx

Rita wrote: Update, been really ill again with all this stress, even missed hospital appointments. Tribunal this afternoon and because of it all I've only just read their document pack. Its quite scant and written in a very offhand way. Actually I'd say incompetent. How Ironic if I win. I'm so anxious about this because the world isn't making sense to me under this government. I will let you know as soon as I hear what the decision is and when I am calmer, go through the finer points which led to the final outcome xxx bless you all xxx

Hi R,

Thanks for the update, I was wondering how you were getting on with this !

Here's is wishing you the very best for a positive outcome !

Good Luck and I have "everything crossed" for you !!

Please do return to let us know how you got on.

bro58