Failed to turn up to esa assessment what are the consequences?

[surprise]

My daugher, who has mental health problems, refused to attend her ESA assessment today. She has been stressed all weekend about this due to the fact that her CPN was unable to attend with her. However, he did provide a very good report.

 

She told me that she had cancelled, however, I am not convinced, as when we cancelled the previous date, again CPN unable to attend, I was advised that the appointment could not be changed again.

 

a) what are the consequences if she hasn't told them?

b) or, would it help if I sent on the report to the DWP?

 

The reason I'm not convinced she cancelled is that she will tell you anything to keep the family off her back in stressful situations and tells us what she thinks we want to hear.

 

Any advice greatly appreciated

[honeybee13]

Hello there.

 

This is not good as you know, but I'm not sure what sanctions there would be for your daughter. I'll flag this for site team attention and hope someone will be along to tell you the best way to deal with this.

 

Maybe someone on the forum else has had experience of the problem.

 

My best, HB

[surprise]

Thank you honeybee, much appreciated.

 

I realise the implications, I don't quite think she has grasped it though!

[honeybee13]

Thank you honeybee, much appreciated.

 

I realise the implications, I don't quite think she has grasped it though!

 

It sounds that way. She's more frightened of Atos [ESA assessors] than she is of her family.

 

HB

[Mattc2012]

Hi,

 

I'm told you cannot appeal any decisions if your do not attend the assessment without good reason. If she did call beforehand then she my be ok. However she may very well have her payments stopped until she does attend.

 

To be on the safe side, i would contact the job centre to explain the sitution. I'll leve the number below for you. Sending any supporting evidence of her condition may help also, it certainly can't do ny harm!

 

JobCenter Plus: 08456088503 (press option 3 if you don't want to listen to them jabber on!) This number also works, and does not cost a fortune: 01942 (Wigan) 626001.

 

Hope this helps.

[ErikaPNP]

If a person fails to attend an assessment without good cause, they will be determined to have no limited capability for work and the claim to ESA will be terminated. When considering good cause, factors they will take into account are:

 

• Whether the claimant was outside GB at the relevant time
  
• The claimant's state of health at the relevant time
  
• The nature of the claimant's disability.
  

If they do not accept that she had good cause and terminate her claim, she can re-claim it but no payment would be made until she attends an assessment, unless she is claiming for a new condition or her condition is significantly worse.

[frank_begbie]

I would imagine if she hasn't let ATOS know why she won't be attending the assessment, she hasn't got a leg to stand on...pardon the pun.

[surprise]

Thank you all. Erikka her mental state is not good, surely on receipt of the report from her CPN, would this not help?

[antone]

Thank you all. Erikka her mental state is not good, surely on receipt of the report from her CPN, would this not help?

 

It may help, yes. She should receive a letter asking her to show "good cause" as mentioned by Erika. She doesn't need to wait for that, though, she can write to the ESA team and explain what happened, including a copy of her CPN report. Of course, it's up to a Decision Maker now and we can't say what he or she will decide.

[surprise]

Thank you. I will try sending her report as her CPN has actually mentioned in it about he failing to meet appointments and agreeing to anything in order to disengage herself. Do you have an address please, we are West Midlands area.

[antone]

Thank you. I will try sending her report as her CPN has actually mentioned in it about he failing to meet appointments and agreeing to anything in order to disengage herself. Do you have an address please, we are West Midlands area.

 

The address should be on any letter that she's been sent regarding her claim. There will be a good few offices in the West Midlands, so I can't say exactly which one. Her local Jobcentre would also be able to tell her.

[surprise]

Ok, again many thanks for your help.

[antone]

Ok, again many thanks for your help.

 

No problem. If she does write before she receives a letter from them, she should make sure that her letter clearly states something along the lines of "I request that you consider good cause for my failure to attend the WCA medical exam."

[joeblogs]

Hello Surprise

 

I am very sorry to read about your daughter's mental state of health. I am my mum's main carer and I am just starting the night shift caring for her. In the earlier days when I was trying to care for mum and had no clue about ESA, I received excellent advice, guidance and support from the lovely members of this site. One thing Erika pointed out to me at an earlier stage, that as my mum is so mentally impaired, I should consider applying to be her DWP Appointee, and the DWP either take the stance that your daughter is capable of managing her own affairs (which clearly by your posts she is not) or if the person is unable to manage their affairs, then you could apply to become her DWP Appointee and therefore take more control over what choices she is making. I know this may appear harsh, but only you know how your daughter's illness affects her. At least if you were her appointee, the DWP would correspond with you direct and you can manage appointments, applications, payment of bills etc. The local DWP Compliance Officer came out and visited me and mum, and after taking one look at her and assessing me that I wasnt going to rob her of her benefits, he made me her appointee. Worth considering, and it was a very valuable piece of advice that Erika gave me.

 

JB

[surprise]

Thank you Joe. You have just jogged my memory. In actual fact my other daughter applied to be an appointee but nothing has been done about it, will follow this up now. They both went down the JobCentre prior to Xmas and because they hadn't made an appointment the letter had to be posted, I know they received it as her current medical certificate was with it.

 

Hope you have a good night, its not easy I know, in fact its very frustrating at times.

 

best wishes.

[joeblogs]

Hello Surprise

 

I had to keep calling them myself (mum being so ill did not even know and I didnt want to worry her). Anyway, in the end I went to the local Jobcentre and asked for their help. I left my phone number and a Compliance Officer called me (this is usual a Compliance Officer does the assessment as he/she wants to ensure that there is a need for an appointee).

 

I do hope you manage to get this all sorted out, and maybe you or your other daughter applying may help with this missed appointment.

 

Thinking about you and hope you have a better day today.

 

JB

[honeybee13]

That's great advice, JB. Surprise, I hope you manage to sort this.

 

My best, HB

[surprise]

Just an update on this. My daughter had infact telephoned to cancel her appointment. A few days later received a letter from DWP stating that her benefits wouldn't be affected but should she fail to turn up to the next appointment then benefits would be stopped.

 

She had not heard anything further until today when she received a letter from the DWP advising her that they would be backdating payments and advising her of her new rate of pay from 12th April. So obviously have put her back on supported benefits. This is good news.

 

Thank you for your kind comments and support.

[antone]

That sounds like good news. Do you think she has been placed in the Support Group?

[surprise]

The letter says that if she wants to work voluntarily she can and go to see the disability adviser. There is no need for her to seek paid work. So presumably she must be back on what was the old income support benefit.

[antone]

Yes, it sounds like she's been placed in the ESA Support Group. Weekly rates for that are about £110 or so once the Enhanced Disability Premium is added to the payments. Good stuff - it's quite unusual for someone to be put in the SG without a medical.

[surprise]

yes, her new rate from 12th April is £178.00 per week. I presume they must have had her medical reports and she has been in and out of hospital since 1996.