ESA Stopped for failing to attend appointment. Can somebody please help?

[bs0lth]

Have a look at what is being said in this thread on rightsnet here

 

http://www.rightsnet.org.uk/forums/viewthread/4275/

 

I have just looked at this and its interesting that its the same thing. What the DWP said to me is that the appointment letters AND the letter telling me that I missed the appointment were both sent by ATOS and the reason that they have disallowed the case was because I received one and not the other. Yet ATOS told me that they send the file straight back and the DWP issues the non attendance letter... which I get I need to think about what was written and then take it further..

 

Start making the requests for the documents they say and I'd also request your full file from the DWP/ATOS using a Subject Access Request or 2. The DWP one is free so.....

 

I had no idea that the DWP did not charge for a SAR I am happier about that finding £10 would have been very very hard to do at the moment we are living on fresh air and help from my family ATM

 

http://www.dwp.gov.uk/privacy-policy/data-protection/

 

Not sure on ATOS any ideas anyone?

 

Thanks for this help I appreciate it

[bs0lth]

Have a look at what is being said in this thread on rightsnet here

 

http://www.rightsnet.org.uk/forums/viewthread/4275/

 

I am so grateful for these links, I have looked at all of the information on this case and its very interesing

 

Start making the requests for the documents they say and I'd also request your full file from the DWP/ATOS using a Subject Access Request or 2. The DWP one is free so.....

 

http://www.dwp.gov.uk/privacy-policy/data-protection/

 

I have filled this in and in the box that says any further information I have put in ATOS and the correspondence etc between the two. thought it was worth a go to see what they might come up with

Not sure on ATOS any ideas anyone?

 

I have not idea now how to deal with the appeal form though now

[speedfreek]

Where are you exactly with this?

 

Have you read this thread to see what you should have received/for ideas? http://www.consumeractiongroup.co.uk/forum/showthread.php?385460-Failed-to-Attend-Medical-for-ESA-at-Atos-**-DECISION-REVERSED-**

 

All you can do is state what has happened.

 

You did not receive the ATOS letters this has happened previously. You have received all other DWP letters and have previously had to take measures (like the earlier telephone call to ATOS) and even these appointment letters have failed to arrive.

 

It also sounds like you didn't revive the correct notifications (see that thread above) or did you?

 

I can't write this for you.

 

unclebulgaria67 has given you good advice on what things you need to do as well. Like make a complaint and apply again for ESA.

 

The rightsnet stuff says that although the DWP might be very stubborn on this, it is up to them to prove beyond reasonable doubt that the letters were sent. Also that if the DWP do not accept/revise the decision after your initial appeal is reconsidered, if it has to go to a tribunal the DWP will not be able to prove it and you stand a very good chance of success here.

 

Get the GL24/appeal letter written stating the facts as you view them.

 

Stay off the telephone/in writing now only and stop trying to prove wild theories about your post. By the looks of (according to that rightsnet thread), it if it goes further the DWP will not be able to prove conclusively that anything was sent let alone the copies of the actual letters. So long term you stand a very good chance of winning this.

 

It's the short term like reapplying for ESA and getting that appeal in that matters now.

[bs0lth]

Hi Speedfreek

 

I spent most of Sunday and Yesterday sorting through all of this, basically in the appeal leaflet they sent me I wrote the following

 

The DWP have been made aware that I have been having problems with getting appointments from ATOS. I asked that further appointments were sent either by recorded delivery to make sure that they arrived or that they confirmed that they arrived by telephone so that they could prove that the appointments were sent out. ATOS stated to me that they tried to telephone me after sending out the appointment but they could not tell me which number they called. I did not receive a call nor did I receive the appointments.

 

The DWP have said time and time again that ATOS has sent out appointment letters but when I asked for copy letters they said there was non on the system.

 

I asked for proof that the letters had been sent to me in the first place. I was told that it is on the system that they were sent but they can offer no proof that they were sent in the first place. If I send anything to the DWP and it gets waylaid or goes missing I have to prove that I sent it in the first place by either certificate of posting or sending by signed for mail.

 

I have asked on several occasions for the address ATOS is sending the letters, I have been told each time that it is the same address that is on the system. Working in IT for many years I understand that the ATOS system could hold a different address to the one held on the DWP or there could be a mistake in the address but this as far as I know has not been checked. I have asked for copies of the letters sent by ATOS to see if I can see a problem to why they are not reaching me but as far I have not received them.

 

I was told that because I received the BF223 which was sent out by ATOS that I must have received the original letter as it was sent to the same address. I was told by ATOS that the letter was sent out by the local benefits office and not by them. Which is what I have said all along I have not had mail from ATOS but I get everything sent via the local benefit office or the Dwp

.

I was also told that because I filled in the ESA50 (pink) that was sent out from ATOS that I must have received the letters of appointment. I did not receive or fill in the ESA50 I was written to, and told that I Had failed to fill it in. I went to my local JCP office and picked one up, filled it in and took it back there.

 

I do have problems with my mail, the postman and Royal Mail are aware of the problems. There was a block of 23 apartments built at the top of my street. It has the same postcode as my address. I get mail for them on a regular basis and they get mail that is mean for me. This now normally happens when my original postman is on holiday or another postman is doing their rounds. The address of the flats is ****** ***** Street, not just ****e Street.

 

The apartments have just one entry and only one letterbox that serve all 23. There is access to the mail posted there by ALL of the residents in the building. The mail is left by the front door for people to sort though and retrieve their mail. If mail for me is missed and not posted on to me then I can not say what happens to it. I don’t know if its thrown away, posted back or what they do with mail that is not for residents in the block. I can not trust what is being sent their finally getting to me. The last time I was at the apartments there was a pile of about 200 letters waiting to be sorted/collected, I retrieved two bank statements from that pile.

 

Based on the above reasons I think that the decision to end my ESA was completely wrong.

 

I also enclose a Subject Access request for all of the data held on me by you and ATOS

[bs0lth]

Speedfreek,

 

I dont know if this will actually do any good at all, I did hand in a SAR to the local office and sent in a copy with the appeal form, what I really need is the information back from them but its going to take time I just now need to keep going with this.

 

To be honest, its just all got too much last week, and I couldnt think straight, I am reading as much as I can to see what I can come up with, but the DWP are just shutting me down each time I phone them. I have still to receive written confirmation of why I was denied it being restarted although I have asked each time I phoned to talk to somebody. The calls alone are costing a fortune and I keep asking them to call me back which they say that they cant... its a nightmare

[speedfreek]

Sorry I'm having issues still with cognative functioning so bare with me.

 

1, Have you had a decision from the DWP in writing on that BF232 i.e. has a reconsideration been done?

 

2, Did you actually receive the BF232 ATOS sent out saying you did not attend and was it delivered to your address? Also was that before or after you called ATOS/DWP to check your address details?

 

Now if the answer to 1 is No then there's still hope of resolving this quickly if the DWP agree your explanation is valid.

 

If on the other hand it's yes, it has been reconsidered and they are sticking with the original did not attend decision, then you have entered the waiting for tribunal stage which takes time. That's what the rightsnet stuff really is for and you can put a very good argument together with that hopefully will see you win this eventually.

 

Either way you need paid and unless reconsidered in your favour your only hope of that is to attend and get a decision on a new WCA assessment. If it goes in your favour all good, if it doesn't you can appeal and you will be paid at the assessment rate again.

 

You need to stop calling the DWP/ATOS about the failure now! It's pointless! Not only is it wasting your valuable money it's also causing you undue stress, it's gone past the stage any telephone calls you try and make will make a difference. The SARs should bring in the information you need for the appeal and you can only wait for them.

 

Concentrate on getting the new WCA (ATOS assessment) done promptly. They're supposed to treat your case as a priority and fast track the WCA appointment - in practice you will have to remind them of this! There a few threads on here about this.

 

Also what's the situation with your housing? If it's getting dire approach your local council and ask them for help and advice.

 

If there's a CAB or other organisation (even some councils still have people or access to charities) that can help now's the time to approach them.

 

Hopefully others can jump in here with more practical advice as I'm struggling with all this.

[bs0lth]

Hi Speedfreek,

 

I understand lack of cognitive thought, my heads just bombarded at the moment.

 

I had a letter from them stating that they had received my BF223 form and I sent it back, I then recieved a letter from them stating that they were disallowing my ESA because I failed to return the BF223. I had sent it back and I took it to the post office who issued me with a certificate of posting. I rang DWP said that I sent it back and I had a cert of posting to prove that I had sent it back. They asked me to take in my cert of posting to my local JCP and they would forward on the proof of posting. They said that they would then pass the proof of posting onto the decision makers to ask them to reconsider.

 

I heard nothing back from them so phoned them. They said that they had reconsidered and their original decision still stood. I asked them on what grounds and they said that I had received the Bf223 so therefore I would have received the appointment letter as they are both send out from ATOS. I asked if they would put the decision in writing for me to refer to and they said they would, I also asked for the resons the decision has been upheld in writing as well. I have received neither by post.

 

I asked if I could appeal the decision and they said I could but had to wait until I was sent out an appeal form.. I had no idea that this was to go to a tribunal. I thought it was to get the decission looked at again.

 

I have made another claim for ESA but they say its dependant on a medical. which could take how long

 

I have a mortgage and its killing me since I have no money coming in at all at the moment, living on what family can supply at the moment. mortgage is in dreadful state and just barley with familyhelp meeting the payments.

 

I handed in the SAR and hopefully this will give me the information to help proceed but to be honest I now need something else to go on with...

 

Working is out of the question atm, but seriously thinking about trying to get a job, however, I wouldnt employ me at the moment.

 

its just taking too long to do anything, I even tried handing in my appeal form to be told that they can not accept anything handed in with or without an appointment and to post it.. post box on the corner of the street... which means its going to take at least 4-5 days before its even opened and scanned in...

 

its crackers that you can not talk to anyone face to face about this...

 

and its going to take at least 40 days for the stuff from the SAR to come back to me...

 

and how long for a tribunal... and what do I live on in the mean time

 

I know fresh air..

 

 

thanks for your thoughts I appreciate them... its all getting far too much atm

 

L

[speedfreek]

As I said in my previous post your only payment option is to remind them to fast track your WCA as you will receive no payment until you have a decision either way.

 

So try and split this up into parts;

 

1, Get that WCA fast tracked and sorted.

 

2, Have a look locally for welfare and any council or charity support for your day to day living expenses and housing. You might also find somebody if you're lucky to help with this too.

 

3, can you write down a simple time line of what has happened? e.g.

 

1, letter received - DWP - failure to attend BF232 notice

2, telephone call - ATOS - asked about failure told decision not reversed.

 

Keep it short, sweet and simple (include dates to) as you're drip feeding more and more information with each post. That's not a problem, though for clarity once that's done it will give everybody a clearer picture of what we are up against. This will also help you with the appeal and with 4

 

4, complaints to ATOS and the DWP - it will show them that you are serious and also give you valuable evidence if this happens again. You should also keep track of any bank charges or expenditure (telephone/postage charges etc) out of the ordinary and directly caused by this. As although the DWP may refuse you payment of those is isn't unheard of once escalated to the Independent Case Examiner (sic) to award you something. Not much use now and is by no means guaranteed but if you don't ask you don't receive.

[bs0lth]

Hi Speedfreek

 

thanks for your reply.

 

Well here is whats been going on....

 

as you know I submitted my appeal form last week and thought ok I will give them a ring to make sure its been received, mainly because I really cant believe its got there until Im told its got there. So I was told that it had got there and that they have reversed their decission to disallow my benefit and have had reopened my claim.

 

You might think its a cause for celebration but its not... what they are saying is that they refuse to pay me until I attend a medical.. ok how long is that going to take...

 

the extremely snotty woman on the phone just said phone ATOS on this number and make an appointment, and if you need help with living expenses phone your local council...

 

no help what so ever...

 

so phoned ATOS who do not have the files yet, they said that its going to take up to 6 weeks for them to process the files and then after they have arrange an interview for me... until I attend an interview I am not entitled to any money even though my claim has been reinstated and the reasons for not attending have been accepted.

 

So I phoned back and asked if they can fast track my documents and medical appointment

 

was told that they will send the files to ATOS in the next couple of days and its up to ATOS to process them to ask me for an appointment...

 

loads of help not

 

So phoned ATOS to ask about making an appointment.

 

they said ... sorry we dont have you information we cant give you an appointment. Nice lady on phone said that once they had the files processed they could make the appointment within 2-4 days... so thats a help... however processing can take up to 6 weeks and she said even if they got the files today then its going to be the end of May before I get an appointment

 

so phoned the DWP back to ask about starting my payments again...

 

They said talk to my council for crisis help...

 

So phoned my council, they said they can issue a food parcel and a gas and electricty voucher. £10 gas and electricity... and food for 3 days BUT and i mean BUT they will only issue 1 of these every 52 weeks so once I have it I have to wait a year before I can get another one...

 

The council told me that they cant not pay me if the appeal has been upheld...

 

and they cant help me because the appeal has been upheld

 

back to the DWP and I am now sitting waiting for the decision maker to call me back....

 

this is unbelivable...

[estellyn]

If your appeal has actually been successful, then your payments should restart, as it would mean that your reasons for non attendance have been accepted as reasonable. Have you spoken to a DWP decision maker, or just the person at the end of the helpline? If not, it is best to request a callback from the decision maker to discuss your claim and make sure the appeal has been successful, and that this is not something else happening.

[bs0lth]

Hi Estellyn

 

I have spoken to three people today at the DWP. All of them totally useless...

 

I asked for the Decision maker to call me back, its the only time I seem to be able to get any logical help, they said someone would phone me back before 5pm today or between 9-1pm tomorrow so I am still sitting waiting for their phone call.

 

The persons on the end of the phone said that the appeal was sucessfull and the notes on the computer were put there today.. they said the reasons were acceptable.

 

I asked about the new claim I made and was told that it was merged with the old one...

 

I was also told that I had to attend a medical before I was entitled to any money, thats what I was told would happen with the new claim but was told that with the old claim if the appeal was allowed my moeny would start up again, today I was told it would only start up again if I attended the medical... so hence I asked to talk to a decision maker..

 

I will update again when I have talked to them.... I dont know if there is something else going on or not...

[bs0lth]

I have also been onto to them to try to fast track my medical, but two weeks on and they still have not sent my file to ATOS ....

 

I thought it woudl have been a lot easier if I won the appeal... apparently not...

[45002]

I have just received three letters from the DWP saying that they sent me out an appointment on for the 3rd of July to attend a ATOS assessment, and that they wrote to me to tell me that I failed to attend.

 

I have received nothing at all from either ATOS or the DWP for either the meeting or the letter telling me I failed to attend.

 

They are now saying my ETA has stopped as I am fit to work because I did not attend the meeting that I knew nothing about.

 

This happened last year but I found out about it on the phone for a different reason and was able to attend.

 

has anyone any idea what I do now...

 

Seams a long time from the 3rd July 2012 to your letter you received in your post dated 14th November 2012 to stop you money !

 

Ok I decided that I would start a new thread since I need to try to sort out what has just happened.

 

I received a letter on the 16 of February stating that I failed to turn up for a medical assessment on the 11th of February.

All of my benefits were stopped three weeks ago because they said that I failed to turn up for the interview and also that I failed to give them reasons for failing to turn up.

 

This was the third appointment that I have failed to turn up for.

 

But only 6 days here in your post dated 9th April 2013.

 

May I ask when was the 2nd missed appointment and have you been paid at all since November 2012 ?

Edited April 22, 2013 by 45002

[bs0lth]

Hi

 

ok last reply got lost somehow but I will try to sort it out again.

 

Missed the appointment in November, they wrote to me and said I failed to fill in the BF223 failure to attend letter. I did not receive that and phoned them when they wrote to me to explain that I had not received the appointment nor the BF223. They took my reasons over the phone and said they would arrange another medical and I HAD to attend.

 

The next medical was 11th Feb 13 I did not receive this appointment and a BF223 was sent out that I did get.. filled it in and sent it back ... got a proof of postage dated 18th February

 

Got a letter on the 15th March saying that they were stopping my ESA because I had not returned the BF223

 

phoned them and said oh yes I did and have the proof of postage to prove I sent it back...

 

told me to take proof of postage to my local office which I did

 

Phoned DWP and asked asked them to start my ESA again.. they told me that they couldn't because the Decision maker had upheld the stoppage of it because I filled in the BF223 and sent it back. they stated it was sent from ATOS so if I received that then I must have received their appointment letter and so it was right to stop my ESA.

 

Have not yet had in writing why they stopped it although keep asking for it

 

So its been 5 weeks since they stopped everything

 

put in an appeal and today was told that it was upheld and my claim has been reopened

 

hope this helps

[bs0lth]

This is doing my head in, I have missed about 4 appoiintments all together over 2 years, I started a new thread with this last lot but it was merged to keep it less confusing... but it is confusing...

[bs0lth]

One other thing,

 

When I talked to my local council crisis support guy, he was saying that if the DWP had accepted my appeal and reopened my case that they should pay me in the interim if they did not then I should be allowed a short term benefit advance in leiu of payment of ESA. I have asked every person I have talked to for the last 5 weeks about what help I could get to live on... they have all said talk to your local council. Nobody has said that I could be given the Short term benefit advance.. all of them said that I could not get any money until completing the medical. The Council guy also said that they were complaining to the DWP as 80% of everyone that called them should have been offered help by the DWP first. They want me to ring them back tomorrow after I get my call to update them. They are seriously worried that it seems that the SWP are fobbing eveeryone off with the words.. go to your local council for help...

[bs0lth]

I have and ongoing case for ESA, they stopped my benefit 5 weeks ago stating that I did not give my reasons for failing to attend the medical. However this is not what this thread is about.

 

For the last 5 weeks I have had no income at all coming in, I have had to beg and borrow I have so far not tried steeling but its getting close...

 

I have asked the DWP for help, and they keep replying talk to your local council as they deal with Crisis situations now. They do not give out money but they can help with food, gas and electric.

 

So today I called them .. I am down to 42p left on my electricity meter and it will go off tonight.. the gas ran out two weeks ago.

 

I talked to the crisis people who went through a lot of questions..including

 

have you applied for a short term benefit advance or budgeting loan..

 

because I hadn't they referred me back to the DWP...

 

BUT...

 

what shocked me the most was the amount of help or little help you can get

 

My local council's crisis help consists of a food parcel to feed you for 3 days and £10 voucher for gas and electric

 

I asked what happened after 3 days...

 

nothing you can only apply for this help `once a year...

 

so I may not get any money until ATOS gives me a medical, which in their words will take 6 weeks, and I have been without money now for 5 weeks... and I can get 3 days worth of help total...

 

Where do you go for help next?

[time4change2]

have you not tried to ask hard hardship allowance?

[bs0lth]

yes have but told to go and seek help from my local council, DWP have said that I will not get any money until I attend the ATOS medical...

 

catch 22 situation here I think

 

I just thank god I have family that has helped out with food

I am able to cook so I can at least eek out what I do have and dont buy prepacked meals etc to live on...

[bs0lth]

I wonder what other councils are providing...

 

and I also thank god for my neighbour who lets me use his internet otherwise I would have been skuppered for help...

[45002]

This is doing my head in, I have missed about 4 appointments all together over 2 years,

 

So you missed 4 appointments,has your money been stopped 4 times and re instated 4 times ?

[honeybee13]

Hello there.

 

As you have two threads that seem to be about the same problem, I have merged them to avoid confusion.

 

HB

[bs0lth]

Hi Honeybee

 

I started the other thread to see what others have to say about the crisis help available. I know its sort of linked with my on going case but thought it might have been better to discuss it in a different thread. I wanted to see if others had a different experience to what I have been told today.. would it be possible to split the threads again or should I just keep them together

[honeybee13]

Hi Honeybee

 

I started the other thread to see what others have to say about the crisis help available. I know its sort of linked with my on going case but thought it might have been better to discuss it in a different thread. I wanted to see if others had a different experience to what I have been told today.. would it be possible to split the threads again or should I just keep them together

 

Hello there.

 

I would say the preferred way is to keep threads together, as they're on the same forum and about you. It also makes it easier for the people trying to advise.

 

HB

[bs0lth]

Hi 45002

 

I have had 4 appointments, I attended 1 of them, I called ATOS for something completely different and was told that I had an appointment booked two days away, so I managed to get to that one. I failed the medical with 0 points took them to tribunal and won. Since then I havent had letters to 3 appointments.

 

The one in November, I told them the problems I was having with my mail, and asked them if they could send out the letter of appointment by recorded delivery to make sure it got to my address and to confirm by telephone if possible

 

I found out last week that they had a landline number they were trying to call me on... that was taken out 3 yrs ago and since they did not get a reply they sent out the appointments by letter anyway.. not recorded delivery.

 

The DWP finally changed my phone number over on my records last week... so it will not be a problem in the future...

 

I am really looking forward to getting the results of the SAR back to actually look at whats been going on and to see what problems it could unearth...

 

Thinking about it, the money was stopped in November, but I got it the next day believe it or not so it wasnt really stopped... its this time thats causing the problems.