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Face To Face Medical Without Form ESA50

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8 years 3 months ago #147987 by Bellow
As per the info contained in your latest newsletter, I too was 'invited' to attend a distant (though not TOO distant) medical centre for a face to face examination without DWP/Maximus first ascertaining whether or not I would be able to get there or cope with the 'public' environment.
This is usually afforded by the initial issue of form ESA50, where I have the opportunity to outline my various problems, but of course now that they are choosing NOT to issue this form to all claimants, they are insisting on attendance when this is clearly NOT a reasonable request. When I questioned this procedure, my ESA was stopped and my Mandatory Reconsideration rejected. I have now HAD to launch an appeal for daring to question DWP/Maximus. I can't help thinking this whole affair is a complete farce, I'm now £1500 out of pocket and can't believe a truly independent tribunal will uphold such an unfair decision - what do you guys think ?

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8 years 3 months ago #147993 by Gordon
Replied by Gordon on topic Face To Face Medical Without Form ESA50
Bakerman

As I understand it from your previous posts your claim was closed because you failed to attend an assessment, your reasons for this was that an ESA50 was not issued prior to the appointment being booked.

Whilst we would expect an ESA50 to be issued to the majority, if not all claimants, there is no legal requirement for this to happen.

Have you started a new claim as previously advised? You won't be paid until you attend a WCA or six months have elapsed from the Fit for Work Decision.

Alternatively you can claim JSA, you should be able to negotiate a minimal Job Search agreement.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 3 months ago #149376 by Bellow
Replied by Bellow on topic Face To Face Medical Without Form ESA50
Actually guys, before the sanction was imposed, I was in the Support Group.
Presumably, this identifies me as a 'vulnerable' claimant - so should I have been sanctioned so hastily or at all ?

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8 years 3 months ago #149397 by Gordon
Replied by Gordon on topic Face To Face Medical Without Form ESA50

Bakerman wrote: Actually guys, before the sanction was imposed, I was in the Support Group.
Presumably, this identifies me as a 'vulnerable' claimant - so should I have been sanctioned so hastily or at all ?


The law allows little latitude for failing to attend an assessment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 1 month ago #152897 by Bellow
Replied by Bellow on topic Face To Face Medical Without Form ESA50
Merchants of Doom be silenced - I've just attended my tribunal and the judge found in my favour within FIVE MINUTES !
She clearly saw the case against me had more holes than a string vest and that DWP/Maximus had behaved completely unreasonably at every turn.
Do I take it I will now automatically get back all the benefit they have withheld since the beginning of November, or will I have to fight tooth and nail for it ?

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  • bro58
8 years 1 month ago - 8 years 1 month ago #152924 by bro58
Replied by bro58 on topic Face To Face Medical Without Form ESA50

Bakerman wrote: Merchants of Doom be silenced - I've just attended my tribunal and the judge found in my favour within FIVE MINUTES !
She clearly saw the case against me had more holes than a string vest and that DWP/Maximus had behaved completely unreasonably at every turn.
Do I take it I will now automatically get back all the benefit they have withheld since the beginning of November, or will I have to fight tooth and nail for it ?


Hi Bm,

Many congratulations on your appeal success !! :cheer:

This is why we always try and encourage people to appeal if they feel that they have a good case as the the appeal success rates are very good !!! :)

Yes, you would be entitled to any arrears of monies owed, from the initial date of the adverse decision appealed.

bro58
Last edit: 8 years 1 month ago by bro58.

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