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E.S.A - Failing to attend medical

Hi guys :-)

I briefly scanned through some other posts from folk with the same issue as me, I know enough myself from experience i'm in trouble....

I first put my claim in for ESA about 3 or so yrs ago and was on the assessment phase for about 11 months and then called for a medical. (yea, i know, weird how it was so long? :S) I was awarded 6 points for mental and 0 for physical, where as I do have mental health difficulties, my physical health was substantially worse....anyhoo, I appealed and dreaded the tribunal, but it turned out the appeal went in my favour and I was placed in the Support Group with an extra disability premium a week. I was sent the Limited Capability for Work form every 6 or so months and dreaded a medical everytime. I was called last yr, around March, and missed it. I filled out the explanation sheet, and like everyone else my reason was not good enough and benefit was disallowed. I appealed the decision that it wasn't a good enough reason - and I'm sure I appealed the decision on new claim E.S.A being paid out?? or it might not have been a new claim. (my head was all over the place!) I got a letter out of the blue saying I was awarded ESA at the basic rate, which was a start and helped out a fair bit, so I'm assuming I won the appeal that benefit should still be paid? But then about a month after I recieved another letter about a change in benefit, and was placed back into the support group?? No medical.....tribunal, forms etc...Not that I have a problem with it, I believe they're quite insulting to G.P's. Because there was rarely any correspondence with myself & DWP I don't know how this all came about? Can anyone shed any light because unfortunately I am in the same position again....I am awaiting a decision maker deciding if my reasons are good enough for medical 17th Jan and I have a horrible gut feeling that I won't be as lucky as last time and that I shouldn't really have been so lucky in the first place...??

I contacted my BDC regards payments, and they seem to be getting worse and worse at their job. Two folk said payments are "normally" suspended right away. (which I know, from before) yet someone else said payments aren't suspended until a decision maker has came to a decision, so I am going to check back there....I'm sure they're wrong tho.

I've to pick up a letter from my GP stating that I was too unwell to attend medical, explaining my circumstances etc and I'm going to get it sent off right away - does any1 know what I should attach? If the decision maker has decided NO, should I have a cover letter asking for it to be looked at again (with new evidence) or should I go right for appeal? and if they haven't decided should I just fax/post through with a copy of name/NIN? Any info is much appreciated.

Thanks to anyone who can help :)

Comments

  • weird.....it turns out payment has been issued as normal, and the decision maker has still not reached a decision.

    can this go in my favour if the decision is NO and I appeal? Will it be easier for payments to be re-instated?
  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    Tenth Anniversary
    If you fail to attend the medical and your reasons for doing so are not accepted, then you are not actually eligible for any payments while you appeal this Decision or until you actually attend a medical.
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