Cancellation of Atos medical for esa

Please could you give me some advice. I am in the WRAG with esa ( contribution based ) which ended 6 months ago.Since then have received National Insurance credits only. Filled in Ea 50 ?form in February. Then received appointment for Atos medical but a few days before appointment Atos informed me that they had received more information and that I was no longer needed to come. Have phoned Jobcentre and DWP to discuss claim but unfortunately no reason for cancellation has been found. I was even asked was I reading the letter correctly and then proceeded to read it out.
Can you be found fit for work without medical ?
Will a letter in the near future arrive from the jobcentre to clarify where I am . Thank you for advice.

martyn wrote: Please could you give me some advice. I am in the WRAG with esa ( contribution based ) which ended 6 months ago.Since then have received National Insurance credits only. Filled in Ea 50 ?form in February. Then received appointment for Atos medical but a few days before appointment Atos informed me that they had received more information and that I was no longer needed to come. Have phoned Jobcentre and DWP to discuss claim but unfortunately no reason for cancellation has been found. I was even asked was I reading the letter correctly and then proceeded to read it out.
Can you be found fit for work without medical ?
Will a letter in the near future arrive from the jobcentre to clarify where I am . Thank you for advice.

Hi m,

Although you can be placed into The WRAG or SG of ESA on a paper assessment, you most definitely cannot be found fit for work without first having a face to face assessment.

I suspect that you may have been placed into The WRAG once more on paper scrutiny.

Even though you are only in receipt of NI Credits, you would still have to fill in ESA50's etc, to maintain your assessment of Limited Capability for Work, (LCW, WRAG)

If you had been placed into The WRAG once more, as above, you would still not be entitled to any payment of CB ESA.

However, if you have been reassessed and placed once more into The WRAG on paper scrutiny, you should still have received a written decision notice letter, giving you the right to appeal.

You need to gain clarity on this issue from The DWP. You may wish to put your query in writing. If you can show that you did not receive a decision notice, you could use this fact as "Good Cause" for making a late appeal if you wished to.

Sending Documents to the DWP or ATOS

bro58

Hi m,

Just to add, a claimant can be found fit for work on a technicality, if they fail to attend a face to face assessment.

From your post it would seem that ATOS cancelled the face to face, do you have written confirmation of this cancellation ?

If so, then you should have no problems with that.

If not, you may also wish to consider such a scenario.

bro58

Thank you for your advice. I have a written letter from Atos which reads we no longer need you to come for this assessment as we have now received more information. Please do not come as this appointment has been cancelled. Please discuss the Jobcentre who say I am still in original WRAG to 6 months ago when contribution based ended under 365 day rule. Have appealed that as I was never informed verbally or in writing of this which is with tribrunial awaiting hearing.
I could pray and hope I have been placed in support group ! Expect it will be WRAG !
Jobcentre said i could apply for JSA. Only problem with that is that my health have not suddenly ended 6 months ago. Iam medically retired from employment, I would much prefer to be in employment if I was well.
Appreciate this site and your reply. Kind regards. M

martyn wrote: Thank you for your advice. I have a written letter from Atos which reads we no longer need you to come for this assessment as we have now received more information. Please do not come as this appointment has been cancelled. Please discuss the Jobcentre who say I am still in original WRAG to 6 months ago when contribution based ended under 365 day rule. Have appealed that as I was never informed verbally or in writing of this which is with tribrunial awaiting hearing.
I could pray and hope I have been placed in support group ! Expect it will be WRAG !
Jobcentre said i could apply for JSA. Only problem with that is that my health have not suddenly ended 6 months ago. Iam medically retired from employment, I would much prefer to be in employment if I was well.
Appreciate this site and your reply. Kind regards. M

Hi m,

So you have the scenario of fit for work on failure to attend covered.

It doesn't surprise me that they have attempted to persuade you to claim JSA, as you would then have to comply with WRA etc, which you don't have to whilst in receipt of NI Credits only in The WRAG.

Further, if you are not entitled to CB or IR ESA, then you would not be entitled to CB or IR JSA either.

The other advantage of keeping your ESA claim live, is that as long as you can continue to be assessed as in The WRAG, you can then receive CB ESA once more if you are placed into The SG as the result of a review or some future reassessment.

If you end your claim for ESA, (ie claim JSA) and this break in your ESA claim is longer than 12 weeks, then the only way that you could receive CB ESA (in either group) in the future would be to gain the necessary NI Contributions through employment.

bro58

Have had a letter from DWP which tells me I have been placed in support group for 18 months which I am very pleased with.Thank you to the site for the valuable information and advice given. It certainly seems to be a process of giving your medical history and the facts for a decision maker to decide your fate.
Now await tribunial re non payment of CB ESA after ending 6 months ago when in WRAG. Would now being placed in support group make any difference with trinunial ? Thank you again for your hellp and back up.