Benefit Stopped because of ATOS incompetence - ** RESOLVED **

[bs0lth]

Hiya

 

I can completely understand what you are going through here, this happened to me 5 weeks ago and I am still fighting.

 

You need to get them to send you an appeal form to appeal the decision I got a lot of help from the people on here, you can have a look at my thread here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?372590-ESA-Stopped-for-failing-to-attend-appointment.-Can-somebody-please-help-%283-Viewing%29-nbsp

 

I was also told to reapply for ESA but told that I would have to attend the medical before they could make a payment...

 

I have tried for the last two weeks to get the medical fast tracked and as of yet they still have not forwarded on my files to ATOS so I am currently waiting for them to call me back

 

I submitted a SAR to find out exactly what they have on their systems

 

I honestly think there are cracks in their database, they cant provide copies of letters and they cant provide proof that this been sent and where to... but you need to find out.

 

I had problems because they say I received the BF223 failure to attend form so by this reasoning I will have received the appointment form... if you have not received either then you stand a better chance than me.

 

I honestly know what your going through, there are some really usefull links on my thread it would be worth going through and having a look

 

hope any of this is some help

 

L

[bs0lth]

oh one other thing, you really need to get in touch with the Royal Mail and tell them there are letters going missing and ask them to look into it for you.

[bs0lth]

Honeybee, I've started reading that thread... doesn't sound promising... and seems more common than I thought.

 

Just keep going, everyone on here will help you get there in the end, its amazing the advice you get... its my thread HB told you about, its been a nightmare but without the help I would have jumped off my local bridge by now... just keep plodding on with it

[bs0lth]

HI Heckler and Ruby_Tuesday

 

its going to be really hard to get them to pay anything at all, they will put it all on you to prove that you did not get the letters, I know from experience. they will say that you have got all the rest full stop. I went 6 weeks without any money and they are messing me round now...

 

I was lucky, I had reported my missing letters a while ago and they finally accepted that there was proof that I was not getting all of my mail. However, if you dont have proof, what there said to me was that the quickest way to get any money was to sign for JSA because you will get money but you have to be actively looking for work, and if your ill and awaiting surgery then your not going to be able to look for work. Opening a new claim for ESA means that you will HAVE to wait for a medical and they will NOT pay you anything while you wait for the medical. You can demand them to fast track it but you are still looking at weeks before you get your appointment and then have to wait for the decision.. which in my case was looking at the end of June.

 

at this point if they have not phoned you back you need to phone them again and tell them

 

you really need to talk to a decision maker and find out if there is any way at all they will reconsider the decision,

 

I went through everything with the decision maker and he said if I can prove that Atos did not send the letters or I had a problem with my post he would consider...

 

Have you had anything else go missing?

 

have you looked at through my thread there is a link there that will give you more information

 

Have you submitted your appeal form

 

Have you contacted your local council

 

and email your local MP or councilor they may be able to help.

 

you really need to find out what they need from you to change the decision, its the only way your going to get anything at all.

 

The short term benefit advance would normally be the place to start, however, because your claim was stopped for failing to attend your not entitled to that either.

 

Im really sorry to give you little hope, but there are ways to get round this, you really need to try to get to figure out what they need to get the decision over turned.

 

It may be worth your while trying to contact the delivery office to ask them if there have been any known problems with your post or if your letters are there. or if anything has changed on the delivery route.

 

I know this is all wrong that they should prove the letters were sent and you received them, and they will put it all back on you.. if it goes to an appeal you will win but that does not help you in the short term

 

I will try to help if I can, I have just sorted this out as well, and its really hard to get people to talk to you from the DWP but you need to get to talk to somebody that iwll help

[bs0lth]

Hi Heckler,

 

I am so happy that you got it sorted out, its a huge relief when you do get it reversed, it feels like you have a huge weight taken off your shoulders.

 

You just have to keep going and keep hounding them and then you at least get somewhiere...

 

so happy for you

 

L