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TOPIC: WCA missed appiontment for ESA

WCA missed appiontment for ESA 3 weeks 4 days ago #173688

Hi

Mandatory Decision result on me not attending the medical my benefit payment has stopped - DWP insists that I moved to an address which I have never lived at and they have been sending the correspondence to an address where I have never lived and have stated that it is my onus to contact them with a change of address, but how could I when they gave me a new address which I have never lived at and now that I informed them after I received a text why did I not attend a medical and suggest to the helpline that they may have the wrong address but now according to DWP I have moved back to the address that I lived at shortly in 2014 to state that the onus was myself to give up to date contact details! - I was placed in the support group and now it appears during the time the DWP was sending my correspondence to an address which I have never lived at the DWP placed me in the work related group! Is this legal? How do I prove that I have lived continuous since at the same address for the tribunal and have never lived at the address which the DWP has been sending my correspondence? Is this a new tactic by the DWP to hit there targets by altering personal details and then blaming the claimant.!
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WCA missed appiontment for ESA 3 weeks 3 days ago #173704

  • Gordon
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Boscozz

You shouldn't have to prove that you have not moved but it might be easier if you did, do you have a tenancy agreement or rent book or similar that covers the period that they say that you lived at the other address?

I would make a Subject Access Request (SAR) for all the documents, including any recordings of phone calls, that they have in connection with the change of address. It will help if you can narrow the date when this allegedly occurred.

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

If they are unable to supply any documentation then you should use this as proof that no request was made.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: Boscozz

WCA missed appiontment for ESA 3 weeks 3 days ago #173746

To prove I did not move can I use Council Tax Bills or bank statements or driving licence, as I do not have a tenancy agreement.
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WCA missed appiontment for ESA 3 weeks 3 days ago #173747

  • Gordon
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Boscozz wrote:
To prove I did not move can I use Council Tax Bills or bank statements or driving licence, as I do not have a tenancy agreement.

Council Tax Bills would be good, the others less so, as they are things that you would have to notify a change of address to, whereas the Council Tax is based on where you are actually living.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: Boscozz

WCA missed appiontment for ESA 3 weeks 2 days ago #173935

I am in the process of filling in the appeal form - do you send in the a complete detailed submission with photocopies of Council tax bills etc on the form SSCS1 or do you take that step after the DWP have sent their papers to the tribunal - can you respond to their papers by then sending in a detailed submission?
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WCA missed appiontment for ESA 3 weeks 2 days ago #173937

  • Gordon
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  • Forum Moderator
Boscozz wrote:
I am in the process of filling in the appeal form - do you send in the a complete detailed submission with photocopies of Council tax bills etc on the form SSCS1 or do you take that step after the DWP have sent their papers to the tribunal - can you respond to their papers by then sending in a detailed submission?

Normally we advise members wait until they have received the DWP's submission to prepare their own but in this case I think it would be to your advantage to send copies of the Bills with the SSCS1 as it may prompt the DWP to reconsider their Decision.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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