ESA stopped but never received notification of medical

BetnalGreenWilliam

Hello I work at an advice centre and have a client in the following position. His ESA was stopped in February after he did not attend a work capability medical and as a result was deemed fit to work. He appealed and the appeal was dismissed. He did not attend the medical because he did not receive any notification that he needed to go to a medical.

In April we sent by recorded mail to the relevant benefits centre full info regarding his ongoing serious medical condition (heart disease / strokes etc) and including his GPs note confirming he was not fit to work and a hospital letter confirming his diagnosis and his 10 medications. There was no response.

Any suggestions as to how to get the benefits centre to consider this case properly?

Cpt.Scarlet

You say the appeal was dismissed, by the DWP or a Tribunal?

Unless you can overturn the appeal decision, all they can do is make a new claim for ESA, however, the DWP will not make any payments until the claimant attends a medical or six months elapses from the date of the decision that they were (technically) fit for work.

BetnalGreenWilliam

thanks - not sure if appeal was to DWP or tribunal - was made on a form GL24.

Seems v harsh that someone can be deemed fit to work when they plainly are not and they have not had a medical, but if that is how it works then he will need to apply again i suppose

GlasweJen

You get notice if a medical and then a letter to tell you you've not attended before it gets to the kicking off stage. Are you 1000% sure your client us being completely honest with you?

BetnalGreenWilliam

can't know for sure - but he seems genuine - and his daughter has written to DWP saying same as he has to me - and he has what appears to be very good evidence he is not fit to work and says he is happy to attend medical so can't see why he would have ignored letter

might suggest he pursues via his MP

missapril75

GlasweJen wrote: »

You get notice if a medical and then a letter to tell you you've not attended before it gets to the kicking off stage. Are you 1000% sure your client us being completely honest with you?

When I was involved in these things many years ago - admittedly different system but same principles - what was actually quite typical was a letter from the "sick benefit" side of the department about the medical and an enquiry as to reasons for non attendance. Then a reminder. Three letters so far.

Then the decision from the same office saying his/her credits claim was ending.

Meanwhile, the Income Support side got to know and would send a letter saying not entitled, please return payment book. Followed by a reminder, at which point a "stop" was sent to the post office.

So that would be six letters sent (five if payments were made into the bank) and only when he/she "discovers" the payment is cancelled is some contact made. It was perfectly normal for the applicant to then claim not to have received a single one.

GlasweJen

missapril75 wrote: »

When I was involved in these things many years ago - admittedly different system but same principles - what was actually quite typical was a letter from the "sick benefit" side of the department about the medical and an enquiry as to reasons for non attendance. Then a reminder. Three letters so far.

Then the decision from the same office saying his/her credits claim was ending.

Meanwhile, the Income Support side got to know and would send a letter saying not entitled, please return payment book. Followed by a reminder, at which point a "stop" was sent to the post office.

So that would be six letters sent (five if payments were made into the bank) and only when he/she "discovers" the payment is cancelled is some contact made. It was perfectly normal for the applicant to then claim not to have received a single one.

That's my experience too.