Appeal Did not receive appointment letter

okee32

I am writing as i have been stopped of all benefits of ESA for the last 2 months with no income at all not even crisis loans. I have appealed and was told to expect an outcome of my appeal to be about 6 months as i "failed to go to medical assessment" As i told the ESA and ATOS i did not receive the letter of appointment.
At the address where i live there has been an ongoing issue with numbers and the postcode, mail being delivered to wrong address i.e. number 7 at my postcode gives 2 addresses as there is 2 addresses with same postcode and number.
Neighbours have had mail not being delivered or being received for the other address A Mercedes car was delivered to the wrong address (Same postcode)and was stolen as a result, police have a reference to that, Virgin Media has tried to install there sevices in the wrong addresses on numerous occasions,an Iphone 5 was delivered to my neighbour downstairs, Yesterday i had the desision letter posted to me a week after they sent it opened as it must have been delivered to the other address all because of the problem with the postcode. I have stated this to them and they still say that its not good enough. I have forwarded to the appeals a letter from another tenant stating the problem with mail in our street and her experiences. Also i have sent photocopys of royal mail postcode finder wich shows 2 addresses at that postcode and number.
I am finding it impossible to live on £0 nothing no help at all. I am suffering with major depression and this has made my illness worse i fear for my well being i have exhausted all avenues of lending money and selling my things to eat and to heat my flat. I used to have my children stay with me every weekend but that has stopped now because i cannot afford to feed them adding to my depression.
I am in need (desperate) of help to explaining to the Desision Maker the problems that i face with the post here. I cannot wait till April-March to get an outcome of this. I could not survive that long.
I find that the effective sanction for missing a medical is way excessive 6-7 months with no money at all and out of proportion to other DWP sanctions.
I have today emailed my local MP explaining what i have here.
Please help as im at my wits end and need this resolved as quick as possible as i know i wont survive this with my health problems.

Muttleythefrog

What a nightmare. I'm not sure what to advise other than doing as you have.. contacting MP in the hope some speed to a satisfactory situation is ahchieved. Have you taken any legal advice... perhaps from CAB or the like... it sounds like you really could do with a lot of advice.

Glen_Clark

I can well imagine that happening - although I live in an ordinary street of detached houses with clear numbers on each I often get a neighbors mail, and they mine. The post has gone right downhill since we lost the regular postwoman - They seem to be all agency staff now who are not on the job long enough to know (or care?) where they are going.
I wish I could offer you some helpful advice

okee32

Hi thanks for the reply i have not sought any advice as in CAB i shall try that tomorrow. Do you know that if i win the tribunal would all my benefit be backdated from the time it was stopped. I have sent in another sick note that covers me from October (when my last one ran out) which is after the sanction till January.
Could my MP get it sorted before the tribunal or do i definitely have to wait for the case to come to tribunal?
My illness has been made worse because of this sanction. Am i eligible for a new claim of ESA. Will i lose backdated money if i do?
And yes this is my worst nightmare. Never have i ever been so down. I have lost weight because of the lack of food, i have been having handouts.
Would i be eligible for foodbank? (need to check that out) I am a single person so not sure. I had one foodbank voucher when i had my daughter living with me.
This is so hard on my life. I really feel like i cannot cope anymore, Ii cannot take my meds regularly as they make me sick if i dont eat on them.

Any replies would be a great boost for me so if there is some hope please reply to my thread
Thanks
Chris.

okee32

Glen_Clark wrote: »

I can well imagine that happening - although I live in an ordinary street of detached houses with clear numbers on each I often get a neighbors mail, and they mine. The post has gone right downhill since we lost the regular postwoman - They seem to be all agency staff now who are not on the job long enough to know (or care?) where they are going.
I wish I could offer you some helpful advice

Yes we have a temporary postman all the time never a regular one.

missapril75

okee32 wrote: »

Could my MP get it sorted before the tribunal

Certainly possible. When I saw the thread title I was going to pop in with my usual comment about how they hear that all the time and that in such cases there are actually several letters involved and non receipt of all is unlikely.

But yours appears to be a completely different situation and I'd have thought even the most cynical member of staff would have relented.

If your MP is able to establish there have been post issues I'd say you had a good chance of everything being put back as it was.

Would i be eligible for foodbank? (need to check that out) I am a single person so not sure. I had one foodbank voucher when i had my daughter living with me.

This will depend what's in your area. There may be many resources available. Where I used to live people (non Muslims) even used to go to the local mosque on certain days for free food.

If you have Salvation Army/drop in centres/Cyrenians etc in the area they'll have details of where you can go. They are not only for people who are homeless.

There's usually a "free food list" with the details.Even crisis loans officers have used them.

Social services have been known to help too.

lemontree

Just reading this post as Yodel tried to deliver a parcel for an address about a mile away.
I then picked up mail 2 letters for me and one for next Avenue to where I live.
Good Luck!!!

benefitbaby

I have just one thought... the JCP contact centre always seem to tell people an appeal will take about 6 months however that forgets that before a case is prepared and passed to the Tribunal Service a reconsideration (or review) of your appeal must be undertaken by a different decision maker - has this happened yet?

Under reconsideration a DM can change the original decision if there is persuasive evidence to show the original decision was incorrect, or in other words you have provided evidence that on the balance of porbabilities you had 'good cause' for failing to attend the medical.

Good luck and keep pushing the MP (and if you have not already done so see if you can get any evidence from Royal Mail).

antonic

By law, a letter is deemed as being received two days after it was posted, despite it not being received.

I would suggest you keep a record of misdelivered post to you and use this as evidence regarding you not getting your letter (also try and get statements from your neighbours as well).

Also keep pushing your MP, thats what we pay them for, to represent US.

okee32

benefitbaby wrote: »

I have just one thought... the JCP contact centre always seem to tell people an appeal will take about 6 months however that forgets that before a case is prepared and passed to the Tribunal Service a reconsideration (or review) of your appeal must be undertaken by a different decision maker - has this happened yet?

Under reconsideration a DM can change the original decision if there is persuasive evidence to show the original decision was incorrect, or in other words you have provided evidence that on the balance of probabilities you had 'good cause' for failing to attend the medical.

Good luck and keep pushing the MP (and if you have not already done so see if you can get any evidence from Royal Mail).

Hi thanks for the reply yes i have had a reconsideration but not in my favour i have sent off more evidence with the letter saying that i accept to go to tribunal (sent off yesterday)

custardy

okee32 wrote: »

I am writing as i have been stopped of all benefits of ESA for the last 2 months with no income at all not even crisis loans. I have appealed and was told to expect an outcome of my appeal to be about 6 months as i "failed to go to medical assessment" As i told the ESA and ATOS i did not receive the letter of appointment.
At the address where i live there has been an ongoing issue with numbers and the postcode, mail being delivered to wrong address i.e. number 7 at my postcode gives 2 addresses as there is 2 addresses with same postcode and number.
Neighbours have had mail not being delivered or being received for the other address A Mercedes car was delivered to the wrong address (Same postcode)and was stolen as a result, police have a reference to that, Virgin Media has tried to install there sevices in the wrong addresses on numerous occasions,an Iphone 5 was delivered to my neighbour downstairs, Yesterday i had the desision letter posted to me a week after they sent it opened as it must have been delivered to the other address all because of the problem with the postcode. I have stated this to them and they still say that its not good enough. I have forwarded to the appeals a letter from another tenant stating the problem with mail in our street and her experiences. Also i have sent photocopys of royal mail postcode finder wich shows 2 addresses at that postcode and number.
I am finding it impossible to live on £0 nothing no help at all. I am suffering with major depression and this has made my illness worse i fear for my well being i have exhausted all avenues of lending money and selling my things to eat and to heat my flat. I used to have my children stay with me every weekend but that has stopped now because i cannot afford to feed them adding to my depression.
I am in need (desperate) of help to explaining to the Desision Maker the problems that i face with the post here. I cannot wait till April-March to get an outcome of this. I could not survive that long.
I find that the effective sanction for missing a medical is way excessive 6-7 months with no money at all and out of proportion to other DWP sanctions.
I have today emailed my local MP explaining what i have here.
Please help as im at my wits end and need this resolved as quick as possible as i know i wont survive this with my health problems.

what exactly is the issue with mail?
Are you saying the issue is within one building or across streets?