Need help with appeal!

sniggings

Just found out my benefits were stop because I didn't attend an atos appointment, I'm on ESA, I either didn't get the letter or didn't read it properly because of my depression, I spoke with a very unhelpful and rude decision maker today to try and get them to reverse the decision, I did send the letter in giving my reasons for not attending saying I didn't know I had an appointment, he keep saying that I must of received the letter as it was sent! He didn't want to acknowledge that I was saying I could have received the letter but was too unwell to understand or attend the meeting, he seemed to take great pleasure in telling me the appeal could take 6- 12 months, I had to ask him 3 times before he told me that if I produced some evidence I could get them to look at it again within 2 days but the evidence would have to be really powerful, he made sure to say it would have to be really strong evidence and he even went on to say that if is was to land on his desk he would be very unlikely to change the decision, not a nice man at all, I understand their are rules but it's the way he put them across that upset me.

Anyway, hopefully I can get a letter of the Doctor saying I was too unwell for the appointment but as he has already hinted that this won't be enough, has anyone been through this and could give some adice because I really could do with some as all my benefits has stopped and housing benefit too, I have had 2 crissis loans already so only one more left as I've been told 3 is the max, I really need to get this appear to go though.

flight747

Well that your own fault for not attending medicial assessment! It very IMPORTANT and you MUST attend ! You know very well if you get brown letter from DWP u should read it properly! No excuse to your depressed.

McKneff

You really have to abide by the rules to get your money. Sorry to be blunt, but the reason you didnt know about the appointment was because you didnt read the letter properly.

I'm actually surprised that a professional man, a doctor is prepared to lie in a letter to the DWP saying that you werent well enough.

I wish I could help more, are you unable to work at all.

sniggings

I'm sure my Doctor will only give the letter if he believes I was too unwell to attend, why you say he would be lying beats me! I am also waiting for a hospital appointment as I have a problem with my feet, but yes I believe I can do some kind of work now as I'm on new medication but still have the foot problem, I was told ESA was the best option for me as it would give extra help for work but I feel I am now in a catch 22, they seem to either class you as fully not able to work or fully able to take any job, they doesn't as yet seem a middle ground.

People may not want to accept it but depression can make you unable to carry out day to day tasks, for some to say you missed the appointment so it's your own fault is sad.

nannytone_2

but youre contradicting yourself ...
first you say you didnt get a letter and them that you were too ill to attend and your doctor will give you a letter to prove it!

excuse people being sceptical, but we can only go by what you are telling us!

sniggings

I was told I had received a letter and they say once a letter was sent they class it as received, what I'm saying which is not a contradiction is if I did receive the letter or not I don't know , so I have to work on the premise I did receive it as that's the rules.

I clearly say in my OP I may have received the letter, so why you post what you have is lost on me.

Two4Tuesday

Your best bet is to try to request a new medical asap and attend that one. At least your benefits will start from the date of attendance of the medical if you pass, and be on assessment rate if you fail and subsequently appeal that decision.

McKneff

You said you either didnt get a letter or that you didnt read it.

If the doctor said in a letter that you were too ill, compare that to the above that's where the lying comes in.

We can only go by what you tell us,

McKneff

flight747 wrote: »

Well that your own fault for not attending medicial assessment! It very IMPORTANT and you MUST attend ! You know very well if you get brown letter from DWP u should read it properly! No excuse to your depressed.

I do have to agree that this was a little on the harsh side,
its true, but it could have been worded a little less harshly.
Presumably you have no understanding of depression.

OP are you getting any treatment for your depression, if not go and see your GP

Hope things work out for you..

sniggings

McKneff wrote: »

You said you either didnt get a letter or that you didnt read it.

If the doctor said in a letter that you were too ill, compare that to the above that's where the lying comes in.

We can only go by what you tell us,

The Doctor knows what my situation is thats why he has provided medication and a doctors note, he knows I have been unable to take care of myself fully, some times I can't get out of the house or bed so taking care of mail and keeping appointments will also be affected, again I can't see why that would be classed as lying.

sniggings

McKneff wrote: »

I do have to agree that this was a little on the harsh side,
its true, but it could have been worded a little less harshly.
Presumably you have no understanding of depression.

OP are you getting any treatment for your depression, if not go and see your GP

Hope things work out for you..

Thanks, yes I have been put on some new medication which is working much better.