Understanding a decision from the Job Centre Please.

PRINCESSX87

Some help understanding a decision from the benefits please peeps.

My mum a couple of years back faced an injury whilst at work, Basically resulting in her not being able to work. Although she’s always suffered with terrible depression - This injury escalated making her mental health a lot worse. Over the past 24 months she has been getting appointment after appointment to have a “back to work assessment” which she has attended each time. She gets the same results as well. That she’s able to work providing a employer makes provisions for her. She’s also been put under a “back to work scheme” Which in the last 12 months, She’s had top attend once because they feel they cannot find her a employer at this time that can offer these provisions.

(Their words.)

Anyway in August my mum received yet another letter saying that she was required to attend an appointment. They had given her one day’s notice and during this time because of change of medication’s she was rather poorly with side effects. So I called and explained this to a very helpful customer service advisor who agreed that the time scale they had given wasn’t helpful and “on their error” they would cancel the appointment and she would receive another one through the post. Two days later she received her second appointment for the 16th Aug. On the 15th, Someone from the company called my mum explaining that they had assessors out due to sickness and could they re-book her appointment. Again, She would have to await a letter.

This morning, She’s received a letter from the Job centre explaining that they consider her “fit for full working duties” and her benefit has now been stopped taking affect from the 19th aug.

They state that she will no longer be entitled to any payments and they she would need to attend the job centre at the soonest possible date to apply for Job Seekers Allowance.

It also states that she missed all three appointments, Which, She never had 3, And therefore if she feels the need to appeal their decision she must do within 30 days of the letter.

This has now thrown my mum into a panic, Because she has no income what so ever. She has limited electric ect because she was due to get paid therefore, We have no idea what we’re meant to claim to tide her over until this mess is cleared up. She receives no other benefits other than DLA which is currently being reassessed. Can you possibly see if we have done something wrong, (Other than changing the first appointment) (Which was advised from a medical professional because of the side effects?) Or is this some sort of Job Centre mess up? Either way, We’re totally confused?

Many thanks in advance,

Princessx87

rogerblack

Several things.
Firstly, you need to get an appointment as soon as possible for an assessment.
Phone ATOS - http://www.atoshealthcare.com/ - the WCA number.
see if you can get an appointment for a cancellation.

Secondly - and again with ATOS - find out what they have told the DWP.
If, for example, they have told the DWP that your mom missed the second appointment, rather than that it was cancelled - and you can get them to correct this - and inform the DWP of the correct situation - benefit should restart.

important facts - what did they tell the DWP - were you given two appointments with at least one weeks notice - in writing.

Secondly - on the DWP side - and if you don't get immediate results from ATOS - write them - today - with a short note saying you are appealing the decision of x/x/x - give NI, address, and stating that benefit should not have been stopped, because she had to cancel one appointment through medical reasons - and the other one was cancelled by ATOS - there being no third appointment.
Send this with some form of delivery confirmation.

Thirdly - consider a formal complaint against ATOS.
The complaints procedure is on the above page too.

PRINCESSX87

Rogerblack:

Thank you for your advice, I called the WCA number and I have just been told that they don’t send any information to the DWP other than assessments therefore the confusion over the appointments ect wouldn’t affect her claim in anyway. They said I would need to call the DWP and ask them why the benefit has been stopped.

The letter just says because my mum failed to make her appointment for assessment.
I am currently assisting my mum in the writing of her appeal to get this reinstated.

Many thanks.

PRINCESSX87

Hi,

I called Atos on her behalf and they explained that because the job centre stopped her claim they cannot give her a medical appointment as she is no longer on the benefit system therefore they wouldn’t be able to access her notes to assess her.

I also asked what they had told the job centre in relation of “missed” appointments, To which they answered:
They never reported these as missed appointments because its on their system that they cancelled two out of three appointments - Meaning my mother wouldn’t be held accountable for this. The fact that the third appointment was cancelled because of sickness was cleared by their Atos department as a warranted excuse. Therefore if her claim hadn’t of been stopped her fourth & final appointment would have been posted out.

We never sent a complaint to Atos because currently they have been the only one giving us advice to follow up with her own GP.
It seems the issue has come with the job centre but their now stating in the appeal that this has happened in 2012 not 2013. In 2012 she attended her appointments because I went along with her as she needed someone to attend because of her disability.