- Posts: 15
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- Face To Face Medical Without Form ESA50
Face To Face Medical Without Form ESA50
- Bellow
- Topic Author
- Offline
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 ?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
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
Please Log in or Create an account to join the conversation.
- Bellow
- Topic Author
- Offline
- Posts: 15
Presumably, this identifies me as a 'vulnerable' claimant - so should I have been sanctioned so hastily or at all ?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
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
Please Log in or Create an account to join the conversation.
- Bellow
- Topic Author
- Offline
- Posts: 15
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 ?
Please Log in or Create an account to join the conversation.
- bro58
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 !!

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
Please Log in or Create an account to join the conversation.