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ESA stopped due to not attending WCA
- PeterHardy
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4 years 11 months ago #231624 by PeterHardy
ESA stopped due to not attending WCA was created by PeterHardy
I had my WCA date changed three times by the assessment centre. My carer rang up the day before my last given assessment date to change the appointment because she had broken her foot the day before and could not drive. My carer lives 20 miles away from me but is a very close family member. My Carer helps me get up, hygiene, meals etc.etc so this was a really difficult time for me too.
I then received an appointment for 29 days later and then the following day another letter stating the appointment was now 9 days later! This letter came as the bank holiday weekend started so I rang them on the tuesday to explain that this was too quick and that my carer would not be able to drive so soon.
They said that they were only allowed to change the appointment once for us and that they had done that and that I would have to just not attend. I would then get a form sent out to explain my reasons and then the DWP would arrange a new assessment date for me.
Sure enough, no form. I then got a letter from the DWP saying that they have stopped my ESA with effect from the day after the assessment I could not make. It said that they had 'looked at my reasons for not going to my WCA and we have decided that I am capable for work.'
They can't have looked at my reasons as they never sent me the form to supply them!
Does anyone have some good advice as to the best way to fight this? I have been to see my GP who immediately gave me a three month unfit for work cert. Do I send this back to the address on the DWP letter? I'm at my wits end tbh.
Many thanks!
I then received an appointment for 29 days later and then the following day another letter stating the appointment was now 9 days later! This letter came as the bank holiday weekend started so I rang them on the tuesday to explain that this was too quick and that my carer would not be able to drive so soon.
They said that they were only allowed to change the appointment once for us and that they had done that and that I would have to just not attend. I would then get a form sent out to explain my reasons and then the DWP would arrange a new assessment date for me.
Sure enough, no form. I then got a letter from the DWP saying that they have stopped my ESA with effect from the day after the assessment I could not make. It said that they had 'looked at my reasons for not going to my WCA and we have decided that I am capable for work.'
They can't have looked at my reasons as they never sent me the form to supply them!
Does anyone have some good advice as to the best way to fight this? I have been to see my GP who immediately gave me a three month unfit for work cert. Do I send this back to the address on the DWP letter? I'm at my wits end tbh.
Many thanks!
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- Gary
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4 years 11 months ago #231647 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA stopped due to not attending WCA
Hi Peter
Have you applied for a mandatory re-consideration see Member Only Guide 'ESA and UC appeals', if you have not then that is where you need to start, again send in any supporting documents to help with your MR.
If you have requested a MR then next stage would be to appeal the decision, unfortunately as you failed to attend the assessment you will not received any ESA benefits whilst waiting for a hearing date which can take up to one year, in the mean time you may have to apply for UC if you need money to live on, but once you are on UC you cannot usually go back to legacy benefits.
Gary
Have you applied for a mandatory re-consideration see Member Only Guide 'ESA and UC appeals', if you have not then that is where you need to start, again send in any supporting documents to help with your MR.
If you have requested a MR then next stage would be to appeal the decision, unfortunately as you failed to attend the assessment you will not received any ESA benefits whilst waiting for a hearing date which can take up to one year, in the mean time you may have to apply for UC if you need money to live on, but once you are on UC you cannot usually go back to legacy benefits.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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