ESA f2f assessment cancelled by Maximus confused

Hello All,


I've already started a thread with regards to claiming esa. Filled in the esa50 form asked for a home f2f assessment, send doctor's letter of evidence. Maximus lied several appointments was cancelled by them they've even lied why the appointments was cancelled blamed broken recording machine but the re-scheduled letter never mentioned why the appointments was cancelled. Got more stressed because of them I made a complaint direct to the main company Maximus and not CHAD whatever they are at Wembley stating they way I was being victimised, disadvantaged, discriminated under the Equality Right Act etc as well as the Fraud Act 2006 and that I have recording of all the telephone conversations with them.



True to their word they cancelled the last appointment if they did not make a decision about my complaints, they've reached a decisions blamed the DWP and sent esa50 form back to the DWP, received a letter telling me the ESA assessment has been cancelled altogether for me to ring the DWP which I do not intend to I'm still recovering from all the bad treatments I got with their harassed letters and phone calls. I'm on Income Support so my money is still going in my bank been for few weeks now. I have not heard anything from the DWP as yet.


I'm also now on phone appointment with my gp, on phone appointment with psychiatrist.




My question has anyone had their esa f2f cancelled and files send back to the DWP and what outcome did they receive?


Thanks
«1

Comments

  • I'm not sure why you aren't doing as they requested by phoning the DWP? It could be that they might make a decision without a F2F.
    My advice; phone them tomorrow
  • calcotti
    calcotti Posts: 15,696 Forumite
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    venison wrote: »
    My advice; phone them tomorrow
    I agree. If you don't you risk being found fit for work by default and your IS could stop anyway.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 17,911 Forumite
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    calcotti wrote: »
    your IS could stop anyway.


    Why would the OP's Income Support stop? ESA and IS are totally different. They either claim IS because they are a carer or they have a child under 5.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    poppy12345 wrote: »
    Why would the OP's Income Support stop? ESA and IS are totally different. They either claim IS because they are a carer or they have a child under 5.

    Quite right, it will depend on the reason the OP is getting IS. One reason for claiming IS is because someone in a couple is getting SSP and can claim IS top up. In this case when the SSP ends they are usually directed to ESA and when the ESA decision is made the IS will stop.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • aimee0763
    aimee0763 Posts: 176 Forumite
    venison wrote: »
    I'm not sure why you aren't doing as they requested by phoning the DWP? It could be that they might make a decision without a F2F.
    My advice; phone them tomorrow


    The cancellation letter did not request that I ring the DWP it's merely four lines down saying IF I want to find out to ring the dwp and I don't I shall wait.


    I haven't been well of late and couldn't take the stress of picking up the phone surely it is up to the DWP to let me know the outcome at the end of the day I was not the one who cancelled my esa assessment what ever decision Maximus and dwp made they must let me know by law.
  • aimee0763
    aimee0763 Posts: 176 Forumite
    edited 13 August 2018 at 1:32AM
    calcotti wrote: »
    I agree. If you don't you risk being found fit for work by default and your IS could stop anyway.


    The cancellation letter did not suggest I ring the dwp it said IF I want I can find out why the esa assessment has been cancelled I can ring the DWP.



    I don't think that would happen Income Support is a mean tested benefit with no f2f assessment requirement. Maximus made the decision to cancel my esa assessment through my formal complaint and send the esa50 form back to the dwp it was not me.



    It is up to the dwp to let me know the outcome why my esa f2f has been cancelled and what action they may take. The dwp cannot find someone fit for work without an esa f2f assessment that's a fact by esa regulations.


    Begging your pardon I suggest you update yourself with welfare benefits and regulations so not to make someone vulnerable being stressed out by your reply. DWP decision maker can never stopped a benefit without giving a claimant reason why by a written letter.
  • aimee0763
    aimee0763 Posts: 176 Forumite
    poppy12345 wrote: »
    Why would the OP's Income Support stop? ESA and IS are totally different. They either claim IS because they are a carer or they have a child under 5.


    Exactly that Income Support is a mean tested benefit when you've had young children the dwp is actually 8 years late to tell me to claim esa my youngest son is now 24 years old perhaps they've forgot about me.



    Anyway the esa assessment has been cancelled by Maximus after my formal complaint to them and my Income support payment is carrying on as normal. They can't just stopped a mean tested benefit when the fault lies with them.
  • aimee0763
    aimee0763 Posts: 176 Forumite
    edited 13 August 2018 at 1:28AM
    calcotti wrote: »
    Quite right, it will depend on the reason the OP is getting IS. One reason for claiming IS is because someone in a couple is getting SSP and can claim IS top up. In this case when the SSP ends they are usually directed to ESA and when the ESA decision is made the IS will stop.


    I've been claiming Income Support as a single parent because I had young children, I'm also claiming disability premium with my income support.



    My youngest is now 24 years old all that time dwp has never asked me to claim esa until last year October 2017 and my income support still being paid in my account.


    As mentioned Maximus cancelled my esa f2f assessment after a formal complaint and sent my esa50 form to the dwp. I shall wait for the outcome. I just wanted to know if anyone has had their esa f2f cancelled and sent back to the dwp and what was the outcome.
  • poppy12345
    poppy12345 Posts: 17,911 Forumite
    First Anniversary First Post Name Dropper
    aimee0763 wrote: »
    Begging your pardon I suggest you update yourself with welfare benefits and regulations so not to make someone vulnerable being stressed out by your reply. DWP decision maker can never stopped a benefit without giving a claimant reason why by a written letter.
    A claimant can be found fit for work for failing to attend the assessment.
    http://www.cpag.org.uk/http%3A/%252Fwww.cpag.org.uk/content/ask-cpag-online-esa-problem-areas-claims-and-payments-have-you-failed-attend-medical-examina

    As you don't have young children, do you claim Carers Allowance for looking after someone? This is another reason you could be claiming IS.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    edited 13 August 2018 at 9:18AM
    Your original post says
    aimee0763 wrote: »
    . .received a letter telling me the ESA assessment has been cancelled altogether for me to ring the DWP . . .
    I interpreted your original post to mean that you had been instructed to contact the DWP hence the advice to follow the instruction.
    aimee0763 wrote: »
    The cancellation letter did not suggest I ring the dwp it said IF I want I can find out why the esa assessment has been cancelled I can ring the DWP.
    That's fine, your choice then.
    aimee0763 wrote: »
    DWP decision maker can never stopped a benefit without giving a claimant reason why by a written letter.
    I haven't suggested that you would not get any further letters. My concern is that, given the poor communication displayed by the health assessors, if the DWP think that it is you that has failed to attend the assessment they will find you fit for work by default. You would then be refused ESA, although you could challenge the decision. If you are going through an IS to ESA transfer (you cannot receive both) once an ESA decision is made your IS would come to an end - but you will of course be sent letters about this before it happens.
    aimee0763 wrote: »
    ...perhaps they've forgot about me.
    That does seem likely. The IS to ESA transfers were supposed to be completed by 2014.
    http://www.cpag.org.uk/content/incapacity-esa-transfer-and-reassessment

    As you say you do not appear to be at fault and it is up to the DWP to decide how to proceed. Anyway - good luck with this and hope it works out for you.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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