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Failed to Attend Medical for ESA at Atos - ** DECISION REVERSED **


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Hi, my wife failed to attend Work Capability Assessment Medical on 29 January 2013, her ESA was continued to be paid up until last week 6 March 2013.

 

We received a letter saying it was stopped for failing to attend.

 

We informed ATOS prior to the appointment time that she was unable to attend due to being not well enough due to an Acute Onset of sever diarrhea. They said they would inform Jobcentre,

 

Can you please have a look at this letter I have drafted to see if it is suitably worded do initiate an appeal against the decision to stop the benefit.

 

 

Dear Sir/Madam,

I would like you to accept this as notice to appeal against a recent decision for my claim for Employment Support Allowance to be stopped due to Failing to Attend a Work Capability Assessment Medical on 29 January 2013.

On this date PRIOR to the appointment commencing, I called Atos healthcare on the correct telephone number and informed them that I was suffering with an acute attack of severe diarrhea.

This was informed to Atos Healthcare before the start of my appointment, Atos Healthcare informed me that they would take care of everything, and they would inform the Job Centre.

I received your letter on 11 March 2013 advicing the benefit had been stopped.

 

Please accept this as my intention to initiate an appeal regarding this stop as I could not have attended the medical due to the acute attack of severe diarrhea.

If I was to have left my house to attend the appointment, I would have soiled myself within the first 5 minutes, and every 5 minutes thereafter. I would have suffered severe embarrassment and loss of a basic human right to dignity, This right to dignity would have been removed by the Jobcentre and by Atos Healthcare had I have attended.

I look forward to receiving your reply to my appeal initiation letter.

With kindest regards

 

 

Miss xxxxxxxxxxx

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Can anyone see if the wording is ok, or if infact I am going down the correct route following a failure to attend.

 

I really do need to get it posted off today if it is the right course of action

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:thepalace1:

 

You're not going down an incorrect route but there may be a better one.

 

Did your wife receive a BF223 letter, from Jobcentreplus, within a few days of the missed appointment? Page one gives details of the missed appointment. Page two asks the claimant's reasons for non attendance.

 

Margaret.

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No she did not, the only letter we received was 7 March, saying We have looked at your claim following a recent change, We cannot pay you an aollowance from 30 January, this is because; You failed to attend the Work Capability Assessment Medical on 29 January 2013.

 

As I say this letter was received 7 March, 37 days after the missed appointment.

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It says this on Atos website Please contact us as soon as possible if you are unable to attend your assessment. If your appointment is for a Work Capability Assessment we can rearrange your appointment on one occasion. If you are unable to attend for a second time the DWP ask us to issue you with a form, on which you can explain the circumstances to the DWP.

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:thepalace1:

 

For your information, the form your wife should've received can be seen at;

 

http://whatdotheyknow.com/request/mec_administration_guide_v6#incoming-354324

 

And an appeal form, if you find forms easier that letters, can be downloaded from;

 

http://www.dwp.gov.uk/docs/gl24dwp.pdf

 

Doesn't matter whether you write a letter to include the word 'appeal' or use the GL24 appeal form. My personal preference is to use the form, except for part 8 which I usually write as a statement.

 

Too late to complete a BF223 cos you can't prove your wife didn't receive one. Explain that you thought everything was OK cos your wife didn't receive a BF223. Then use the descriptive phrases from your original letter to make sure you answer all the questions on the BF223 within your appeal.

 

Pay particular attention to the question about documentary evidence. Was the diarrhoea part of your wife's condition? If it was a tummy bug have you a receipt for a product brought from a pharmacy? If you've nothing else add a short confirmatory statement from yourself. Is the call to Atos itemised on a phone bill?

 

:panda: Sincerely, Margaret.

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The call will be itemised as it was made from a contract mobile phone, we have access to billing itemization online..

 

The diarrhoea was not part of the condition, It was we believe a consequence of some sort of bug.

 

We honestly thought everything was ok, we recevied payments as far up to 07/03/2013

 

Thanks matt, and thanks Margaret for helping us with this.

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Yes, I have just located the phone call entry on our itemised phone bill with Tmobile

 

 

 

Date Day Time Number Type Duration

 

29 Jan Tue 12:35 0800 2888777 0800 Number 3:35

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:thepalace1:

 

Yep, that's the number for Shatos' ever unhelpful desk. They've tried to improve its image by renaming it the virtual contact centre.

 

Currently, 08002 888777 is also the number to call, to ask for an audio recorded assessment.

 

Good luck with your wife's appeal.

 

Margaret.

Edited by **Margaret**
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  • 3 weeks later...

Well actually I say appeal, the decision was reversed at the "DWP Take a look at the decision again" stage, before it had gone to appeal.

 

I worded the form as best I could, I provided print outs of my wife's online itemised phone bill proving that we told Atos that she could not make the appointment etc etc, and the empty box for Immodium Tablets.....

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