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Letter explaining why you failed WCA for ESA?

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13 years 7 months ago #24580 by speedy101
Hi I received from JCP last week saying that I did not have limited capacity for work - so basically I had failed to pass ESA after the medical.

It then goes on to say

We will send you a separate letter explaining the full reasons why you have failed the Work Capability Assessment.


Any ideas on how long this takes or where it comes from? As it's been a week now since the failure letter was sent and there's no sign of it

Now I've just called the DWP and they've told me that it's nothing to do with them and that it's down to ATOS (# spits) to write to me.

Is this correct and since I will need this info next week is there anyway I can get it like pronto?

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13 years 7 months ago #24586 by Gareth56
I'm sorry but I cannot answer your specific question you could try telephoning the JCP office that deals with your claim and ask them but don't forget if you wish to appeal the decision you only have a month from the date of the decision in which to do so.

For what its worth it isn't Atos who decides whether you can get ESA or not it's the Decision Maker at the JCP office that dealt with your claim.

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

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13 years 7 months ago #24697 by speedy101
Replied by speedy101 on topic Re:Letter explaining why you failed WCA for ESA?
Thanks for that.

Maybe I could have explained that better?

I keep hearing how people are receiving their failure letters which also included the reasons why they failed.

i.e. you scored 0 points etc

Mine just says you have failed and we will send a further letter with the reasons why?

I've called up my ESA BDC twice and have asked about this letter with the reasons on it (which they say they are going to send me). They keep telling me that there is no other letter from them but that it comes from ATOS.

I'm quite confused by this!

Is this normal? Has anybody else been told they would get the reasons in another letter or was it included in the you have failed letter?

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13 years 7 months ago #24703 by Derek4
Hi speedy

It is perfectly normal to be confused when dealing with the DWP and ATOS.

You have a month from the date of the decision letter to appeal, and you get a 14 day extension from the date of the letter containing the full reasons.

I would not expect this letter to have much detail as to the reasons why you failed other than to tell you what activities you scored points for. If you scored 0 points I can't see how it would be of any use at all.

I think you would be better off asking BDC for a copy of your medical report which would be much more informative, but bear in mind the deadline for appealing will not be extended for this.

Therefore you might want to look at the appeal guide in the members' area and consider appealing straight away rather than waiting for the elusive letter and risk missing the deadline.

Derek

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13 years 7 months ago #24719 by speedy101
Replied by speedy101 on topic Re:Letter explaining why you failed WCA for ESA?
Cheers to the pair of you :laugh:

I'll stop worrying now! When they says they do something then tell you they aren't it gets to me!

Appointment to write my appeal is already booked with welfare rights.

So everything else is in hand \o/

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