Capable of work without a medical

mo1957

I have been on Incapacity Benefit for several years, have had quite a few medicals and have always been found unfit for work. In August I received the IB50 form to fill in and as always I sent it back about 3 weeks before it was due. It was due to be in by 17th September. ATOS usually ring me to arrange a medical appointment, but this time I have had no telephone calls from them.

On 19th October I received a letter from ATOS asking me to attend a medical appointment on 14th October. I rang them informing them that the letter had arrived 5 days after the appointment date. They told me to inform the DWP as my file had been sent back to them. I wrote a letter to the DWP, sent it recorded delivery, I also received a form the next day asking what my reasons were for not attending the medical, I filled that in and sent it back.

Today 29/10 I received a letter from the DWP saying they had looked at my reasons for not attending my medical on 14th October 2010 and a decision maker had decided I was now capable of work from 15th October and my Incapacity Benefit has stopped.

I am writing to ask for advice on this. Can they say I am capable of work without another medical date.

I am going to write to them asking them to look at their decision again.

If they overturn their decision and offer me a new medical date will they reinstate my Benefit or will I have to claim Job Seekers Allowance until its all sorted out.

Any advice would be appreciated.

Regards
Maureen

stazi

You need to ask JCP if there has been any problem with ATOS posting out the appointment letters recently. Maybe there was a delay, and this may explain why your appointment letter was late.

mo1957

Thank you for replying. I did ring ATOS who told me to write to the JCP saying the medical appointment letter arrived after the appointment date. I did tell the JCP this as the reason for not attending the medical.

Regards
Maureen

munchings-n-crunchings

Just a thought.
Did you keep the envelope the appointment letter came in?
If there is a dated postmark to the letter, is it's anytime after the appointment date of the 14th, then it will help prove that the letter was still in the postal system at the time of your appointment, hence you had no opportunity to attend.

Regards
Munchie

NASA_2

People often claim that they didnt get the letter saying to attend the medical - they always get the disallowance letter though.

peppperr2002

NASA wrote: »

People often claim that they didnt get the letter saying to attend the medical - they always get the disallowance letter though.

A sweeping statement.
It has been known for people not to get a disallowance letter and the first the person knows about it is when they have no money in their account.
O/P check with your local Benefit Delivery Centre. It is possible that Atos have had a problem recently with appointment letters not going out to people. Atos have in the past had similar problems with IB50s not being sent.
You can appeal the decision to disallow your benefit but will not get paid while waiting for the outcome.

amber1979

Is this a common problem, Atos letters not being sent?

NASA_2

peppperr2002 wrote: »

A sweeping statement.
It has been known for people not to get a disallowance letter and the first the person knows about it is when they have no money in their account.
O/P check with your local Benefit Delivery Centre. It is possible that Atos have had a problem recently with appointment letters not going out to people. Atos have in the past had similar problems with IB50s not being sent.
You can appeal the decision to disallow your benefit but will not get paid while waiting for the outcome.

Its hardly a sweeping statement. Its based on personal experience. I dont work in an area where ATOS are present so they cant be blamed.

Lots of people claim not to have received post which was sent to the same address as the disallowance letter. They always, or nearly always, get the disallowance letter.

amber1979

NASA wrote: »

Its hardly a sweeping statement. Its based on personal experience. I dont work in an area where ATOS are present so they cant be blamed.

Lots of people claim not to have received post which was sent to the same address as the disallowance letter. They always, or nearly always, get the disallowance letter.

Why would they do that? Surely it's easier to go the medical and possibly have your benefits continue, than to not go and have them almost certainly stopped?

NASA_2

amber1979 wrote: »

Why would they do that? Surely it's easier to go the medical and possibly have your benefits continue, than to not go and have them almost certainly stopped?

You'd think so but some people try to play the system at every stage.

I'm just a cynic though.

mo1957

I kept the envelope that the medical letter came in and also the envelope that the form came in asking to give my reasons. The medical letter came in a white envelope and no postmark on it, but the address on the back of the envelope was Atos, Unit 204-207 Wolseley Court, Wheelhouse Road, Towers Business Park, and not the ATOS Medical Centre in Gosforth where I attend for the medicals.

The form that came asking for my reasons for not attending was in a brown envelope, again with no postmark on it and that had ATOS Medical Services, Arden House, Gosforth, Newcastle Upon Tyne on the back where I go for the medicals.

At the end of September my usual postman was on bereavement leave and we had different relief postman each day for about 2 weeks from then so I don't know if that has something to do with the delay in me getting the letter or not.

Regards
Maureen