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Appealing good cause for FTA WCA

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7 years 7 months ago #169192 by an ex nurse
Appealing good cause for FTA WCA was created by an ex nurse
Hi all, may I ask a question about appealing following a decision that I failed to show good cause for not attending an ESA WCA at an assessment centre. It was accepted on 5 occasions that due to my physical limitations I showed good cause for failing to attend an assessment as part of my ESA renewal. However on the 6th occasion this decision was reversed and my ESA stopped as they deemed I had not shown good cause. My conditions and physical limitations had not changed so this was a little baffling. I had provided several medical reports which included information about my functional limitations as well as confirming my conditions, but I was never offered any option other than attending an assessment centre. The decision was not changed at mandatory reconsideration.

My question is can an appeal panel actually decide on an award, or is the best I can hope for being that the failing to show good cause is overturned and that I would only be offered another WCA. I have been in the support group for 3 years and received IB for 7 years before that.
Many thanks for your help.

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7 years 7 months ago - 7 years 7 months ago #169248 by slugsta
Replied by slugsta on topic Appealing good cause for FTA WCA
I'm afraid that a tribunal would be looking only at the 'good cause' element. Success at this stage would only put you back into the situation you were in before the failed assessments.

Did you ever request a home assessment? Would this be easier for you? Any such request would need to be supported with a letter from your doctor, but it might be a way of moving forward if/when the tribunal accept your reasons for having not attended thus far.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 7 months ago by slugsta.
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