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WHat if I cant participate in a F2F for ESA?
- neptune1980
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7 years 4 weeks ago #185597 by neptune1980
WHat if I cant participate in a F2F for ESA? was created by neptune1980
Hello all
I get ESA CB Support group.
I am worried that if I am asked to attend or even if I manage to get a F2F at my home and due to my Bowel issues I am unable to attend or even if its at my house and I am stuck in the bathroom and I am unable to answer the door and he or she leaves.
Now what happens then? and can I appeal if they remove me from ESA? and what would be the process of appealing? I have heard some people say if that happens even if you will a F2F will still be outstanding and needed so it would be pointless if this happens.
OK well if that doesnt happen what if I was being assesed and was unable to continue after even a few seconds, would the assesor class that as non attendance? or how would that work? and how would I appeal if this happened and I was removed from ESA? what would be the process?
Thanks all in advance"
I get ESA CB Support group.
I am worried that if I am asked to attend or even if I manage to get a F2F at my home and due to my Bowel issues I am unable to attend or even if its at my house and I am stuck in the bathroom and I am unable to answer the door and he or she leaves.
Now what happens then? and can I appeal if they remove me from ESA? and what would be the process of appealing? I have heard some people say if that happens even if you will a F2F will still be outstanding and needed so it would be pointless if this happens.
OK well if that doesnt happen what if I was being assesed and was unable to continue after even a few seconds, would the assesor class that as non attendance? or how would that work? and how would I appeal if this happened and I was removed from ESA? what would be the process?
Thanks all in advance"
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- Gordon
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7 years 3 weeks ago #185636 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WHat if I cant participate in a F2F for ESA?
Neptune
Answering the question asked, if you fail to attend or participate. First it will depend on whether this is the first appointment or the second. If the first and you provide notice or have to leave the appointment then you should be given a second opportunity to attend . If the second then your file will be returned to the DWP who will contact you for Good Cause for the failure, if accepted then your file goes back to Maximus, if not then your ESA claim is closed although this is an appealable situation.
However, there will be things that you can do to minimise this being a problem on the day, for example reducing your food intake and if you have someone with you as a companion then they can deal with the logistics of the situation, for example being there to answer the door.
Whilst it's important to understand your options, try not to get hung up on the issues or you risk them being self-fulfilling.
Gordon
Answering the question asked, if you fail to attend or participate. First it will depend on whether this is the first appointment or the second. If the first and you provide notice or have to leave the appointment then you should be given a second opportunity to attend . If the second then your file will be returned to the DWP who will contact you for Good Cause for the failure, if accepted then your file goes back to Maximus, if not then your ESA claim is closed although this is an appealable situation.
However, there will be things that you can do to minimise this being a problem on the day, for example reducing your food intake and if you have someone with you as a companion then they can deal with the logistics of the situation, for example being there to answer the door.
Whilst it's important to understand your options, try not to get hung up on the issues or you risk them being self-fulfilling.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- neptune1980
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7 years 3 weeks ago #185659 by neptune1980
Replied by neptune1980 on topic WHat if I cant participate in a F2F for ESA?
Thanks for the reply.
When you say "
Do you mean in this situation for Maximus to then again try and contact me for another F2F? so the process all over again?
When you say
Also what would happen if I had to cut short the ESA F2F due to my health problems? Would that be classed as non attendance? etc?
I had a missed call from an unknown number last week and I called ESA and they said there was no record. Could another department of ESA have contacted me and it not be noted on the system? ESA also confirmed they have recieved my ESA50.
When you say "
who will contact you for Good Cause for the failure, if accepted then your file goes back to Maximus,"
Do you mean in this situation for Maximus to then again try and contact me for another F2F? so the process all over again?
When you say
Do you mean that then if I launch and appeal that would then take many months before it goes to tribuneral and would I continue to get ESA payments while ongoining? And even if I won the appeal I would probably be required to participate in a F2F straight after anyhow?if not then your ESA claim is closed although this is an appealable situation.
Also what would happen if I had to cut short the ESA F2F due to my health problems? Would that be classed as non attendance? etc?
I had a missed call from an unknown number last week and I called ESA and they said there was no record. Could another department of ESA have contacted me and it not be noted on the system? ESA also confirmed they have recieved my ESA50.
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- Gordon
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7 years 3 weeks ago #185686 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WHat if I cant participate in a F2F for ESA?
Neptune
Your claim cannot progress unless an assessment report is produced, so if you fail to attend or fail to participate and the DWP accept your Good Cause then they will send your file back to Maximus for a new assessment to be done.
They may say that they should do a home assessment if they did not do one before or they may push for a paper assessment if it was already a home assessment. However, the bottom line is that Maximus need to have sufficient information in order to create that report and if that still means a face to face then you will receive a new appointment.
If your Good Cause is not accepted then you can request an MR and if necessary an appeal, but you will not be entitled to any payments of ESA until the Decision to close your claim is revised in your favour.
I can't say what would happen if your needed to leave the assessment part way, the assessor may be willing for you to wait but they may have other assessments to do that day and have to terminate the interview, it's impossible to say how they will record this.
As to the call, as your file should be with Maximus, I can't think of any reason at this point in the process why the DWP would be trying to contact you.
Gordon
Your claim cannot progress unless an assessment report is produced, so if you fail to attend or fail to participate and the DWP accept your Good Cause then they will send your file back to Maximus for a new assessment to be done.
They may say that they should do a home assessment if they did not do one before or they may push for a paper assessment if it was already a home assessment. However, the bottom line is that Maximus need to have sufficient information in order to create that report and if that still means a face to face then you will receive a new appointment.
If your Good Cause is not accepted then you can request an MR and if necessary an appeal, but you will not be entitled to any payments of ESA until the Decision to close your claim is revised in your favour.
I can't say what would happen if your needed to leave the assessment part way, the assessor may be willing for you to wait but they may have other assessments to do that day and have to terminate the interview, it's impossible to say how they will record this.
As to the call, as your file should be with Maximus, I can't think of any reason at this point in the process why the DWP would be trying to contact you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- neptune1980
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7 years 3 weeks ago #185710 by neptune1980
Replied by neptune1980 on topic WHat if I cant participate in a F2F for ESA?
Thanks Gordon,
When you say
"As to the call, as your file should be with Maximus, I can't think of any reason at this point in the process why the DWP would be trying to contact you"
So if Maximus called me the DWP would have no knowlege of this? So when I called ESA they said no record of anyone contacting you its possible that Maximus may have contacted me and the ESA department would not have any record of this?
When you say
"As to the call, as your file should be with Maximus, I can't think of any reason at this point in the process why the DWP would be trying to contact you"
So if Maximus called me the DWP would have no knowlege of this? So when I called ESA they said no record of anyone contacting you its possible that Maximus may have contacted me and the ESA department would not have any record of this?
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- neptune1980
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7 years 3 weeks ago #185711 by neptune1980
Replied by neptune1980 on topic WHat if I cant participate in a F2F for ESA?
I also noticed on my ESA50 there was an option to put my email address which I did. Have you ever known them to contact anyone by email?
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