FTA ESA medical, advice required please

Hi. Didn't get letter for medical so didn't attend, mandatory reconsideration also disallowed so no money now since September 15; have appealed but they say will not be paid while waiting for appeal...?.. What are my options please as really struggling? Thanks

Hi Val

don't think this is really covered by the remit of this forum? Just a suggestion, go online to your local government website and fill in a complete benefit search - it should give you some idea where you can go?

Good luck.

Val wrote: Hi. Didn't get letter for medical so didn't attend, mandatory reconsideration also disallowed so no money now since September 15; have appealed but they say will not be paid while waiting for appeal...?.. What are my options please as really struggling? Thanks

Hi V,

As you have been found "fit for work" on a technicality, i.e. failure to attend a face to face without "Good Cause", you could make a fresh claim for ESA if 6 months or more have elapsed since the date of the fit for work decision.

You can also continue with your appeal !

bro58

Hi V.

Disqualification of ESA for non-attendance of a F2F without good cause can be a difficult situation to deal with.

There is guidance for Decision Makers (DM) on this issue from U2261 of this document :

Chapter U2 – ESA limited capability for work-related activity.

(In particular, see U2269 onward, regarding non receipt of an appointment letter.)

From this page :

www.gov.uk/government/publications/advic...n-making-staff-guide

You will also see : Chapter A1 – Principles of decision making and evidence.

referred to, which is near the top of the same page.

More recent guidance has been given which is in addition to U2261. This can be seen :

Here.

The things that I would be looking at are, have you or your neighbours had previous problems with mail going astray ?

Is your mail delivered to a communal area ?

Can other people access your mail ?

Have you asked The DWP and Maximus to provide administrative proof that the F2F appointment letter was sent by them on the stated date ?

Ask them to also provide proof that they used your proper name, with the correct address and postcode.

Is this the first F2F appointment ?, as a claimant is allowed to re-arrange once.

Unfortunately, the onus is on you, there is an assumption that if The DWP or Maximus can show that something has been posted, that is has been delivered.

If you look on rightsnet : Here.

There is case law that states the following (R(SB)33/85.) "The claimants word must be accepted unless it is self-contradictory or inherently improbable."

A link to the case law is below this post at : Post 4.

In the rightsnet claimant's case above, the claimant was stating that they had received and posted an ESA50 back to ATOS, (now Maximus)but ATOS were initially stating that they did not have it.

The principle of the relevant case law is still the same.

i.e. On the balance of probabilities, is the fact that you are stating that you did not receive the F2F appointment letter self contradictory or inherently improbable ?

If it is not, then they should accept your word that it was not delivered to your address.

If you cannot prove "good cause" payment will not be made until a F2F is attended.

See another topic on this : Here.

See also the extract below from : This CPAG Article

Regarding still being able to make a repeat claim for ESA after 6 months have elapsed if found for for work for failure to attend :

"The six-month rule continues to apply where the claimant did not actually fail to satisfy the WCA, but was refused ESA because s/he failed to return the ESA50 questionnaire or attend the WCA medical. In such cases, if s/he reclaims ESA, s/he can be entitled to ESA pending a new WCA if s/he has had a significant worsening in her/his condition or has a new health condition, or in any case if it is made more than six months after being refused ESA."

bro58