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esa medical cancelled

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7 years 2 weeks ago #183842 by corrinecatlady
esa medical cancelled was created by corrinecatlady
hi
I have been waiting for a medical for a new claim since 2 may 16, I had an apt for a medical on 28jan17 but I had a call the day before to cancel.

to cut a long story short, the cancelation was not actioned on the system, I now have had my esa claim stopped. I am waiting for a reconsideration.

I don't know what to do now I am so stressed I got my 2 wk payment today but in another 2 wks if the desicsion is not turned around I will have nothing to live on. I have an apt at a advice centre nxt wk and they said they will write to dwp and in the past have had clients in the same situation take dwp to court.

ive not even had my assessment yet and I have already got to fight, how would I go about making maximus responsible for their actions, I don't think they should get away with this. also what can I claim to live on in the meantime as I dontknow how long this process is going to take.
thanks

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7 years 2 weeks ago #183847 by Gordon
Replied by Gordon on topic esa medical cancelled
corrinecatlady

I'm afraid this is going to be difficult.

Is there any chance that you have a recording of the phone call?

Did you get the name of the person who called?

I know it's a long shot but did you 1471 the number, have you had any calls since?

You can try issuing a Subject Access Request to Maximus about the phone call, but it would be rare for outgoing calls to be recorded.

I have to be honest with and say that this will likely boil down to your word against Maximus's and think it very likely that the DWP will side with them, even an appeal panel may struggle to find for you.

Is there any chance that this was malicious by someone you know?

Whatever happens with your current claim, I would recommend that you make new claim immediately, unfortunately, you will not be paid until you attend a new face to face.

I would get your MP involved, they may be able to help you get a new assessment quickly.

Contacting your MP

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 weeks ago #183850 by corrinecatlady
Replied by corrinecatlady on topic esa medical cancelled
unfortunately I have no evidence. ime pretty sure it was no one I know as I don't mix with ppl a lot and not many ppl knew of my appt.

if I make a new claim I will lose out on potential backdate. I also don't think I can face starting all over. isn't there also rules about reclaiming. I thought u could only make another claim if illness got worse or a new diagnoses.

can I ask one more question, I have a child and get child tax credit, would that stop along with the esa and would my housing benefit stop.

thank
you

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7 years 2 weeks ago #183853 by Gordon
Replied by Gordon on topic esa medical cancelled
corrinecatlady

There should not be a problem with you making a new claim, this only applies to a Decision that you are Fit for Work, as you failed to attend you will be treated as Fit for Work, that mind sound the same but it is not.

Making a new claim will not impact on options for back dating, if you overturn the Decision then the new claim will be merged with the old one and you will retain your back pay, if you don't overturn the Decision then you've lost the back dating anyway.

It's likely that our Housing Benefit will be stopped if your ESA claim ends, you should contact your Local Authority, they should accept a nil income claim.

I don't believe your Tax Credits will be affected.

Gordon

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7 years 2 weeks ago #183856 by corrinecatlady
Replied by corrinecatlady on topic esa medical cancelled
so if I overturn decision will I get my esa payed again straight away.

if I start a new claim will I still have to wait until I have been to court to get payed.

I am going to call my phone provider tomorrow to see if I can get proof of an incoming call.
thanks

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7 years 2 weeks ago #183860 by Gordon
Replied by Gordon on topic esa medical cancelled

corrinecatlady wrote: so if I overturn decision will I get my esa payed again straight away.

if I start a new claim will I still have to wait until I have been to court to get payed.

I am going to call my phone provider tomorrow to see if I can get proof of an incoming call.
thanks


If you overturn the Decision then your old claim will go back into payment and the new claim will be closed.

A new claim will not be paid until you attend an assessment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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