Wth! Can they do that...

ITookMyMeds

Hi,

Okay so, ESA claimant in the work related group thingy, long story short, i won my appeal on Dec 22nd, was sent for another medical on 26th Jan, went through all the stress of having to go through the whole medical, fail, tribunal, process again, anyways i rang ESA today because i've not been receiving mail - wait i just got 37 letters through my door, thats a first since theres been none for 3 weeks, thanks Royal Mail - anyway, i wanted to let them know i'm not receiving my post and was hoping there had been a descision made on my medical, because of course if there had been i'd have to look at the options available to me again, so after talking to a lovely guy (i know i am surprised with how wonderful the guy was) who called DWP vindictive for sending me for another medical so soon after winning tribunal, and had a look through the notes on my account, blah blah he said sorry he couldn't understand what the lastest note (dated 2/2/2011) meant and would have to contact my local benefits centre for them to ring me back, which they did.

The woman who phoned back, i've had screaming matches with her in the past (mainly because at one point she kept calling me by someone elses name and telling me i didn't have a claim for ESA and i have anger issues so you know), and apologised. She said i shouldn't have been sent the medical questionnaire and i shouldn't have been sent for a medical as it was an "error" on their behalf and when i said to her "I've asked numerous times if i have to attend that medical and everyone said yes" and she said "Thats what we're trained to say." And then told me i would have to have yet another medical in April.

Can they do that? Bypass the questionnaire and send me straight for a medical? Can't they just make a decision on whatever the nurse (yes a nurse not a doctor who is trained in heart defects and GAD and panic disorder like Atos claims) who did my medical has said and make me go though the whole process now rather than later? I'd much rather go through the appeals process again than the Atos medical.

Also, how long do the Pathways appointments last for? I was told by a friend that you only had to attend 6 of them but i've been going to one a month since Feb last year and when i missed one last week (thanks Royal Mail you suck) i got told if i failed to attend again i'd be sanctioned, which is fair but i don't work for Royal Mail so can't guarentee i'll receive their letters and i only know about the rearranged one because my carer contacted them to find out when my next appointment was.