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When can I rearrange my ESA WCA Appt 4 ?

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4 years 10 months ago #235118 by AKaplan2
I got one appointment given to attend my WCA ESA Assessment appointment and i rang to rearrange BUT THEN when I went to my appointment for it just after Id arrived in town centre to finish reading up some notes for it before I went to the assessment centre they ran and cancelled the appointment themselves. So they rearranged the rearranged appointment cos they couldn't make or do it.

So I ve had another letter sent giving me just over a week till my new assessment date and time and as its them that cancelled it when I was going to it

Surely I'm within my rights to rearrange again if date and time they've thrown at me is inconvenient which it is ?

Their letter throwing new date at me says I can ring if I cant make that date too.

I've checked online since receiving the letter with new date after they cancelled when I was on way to previous date

and apparently it says online that their rules that you only get to rearrange once and that theres a 4 week maximum you can rearrange it for are not covered by law, they are just internal DWP rules they just made up, and they've not written anything down how they came up with these rules or who came up with them.

Theres nothing in law about only being allowed to rearrange once and nothing in law about any time limits over how long you can rearrange the appointment for.

Yet, knowing them, they are likely to use any excuse to throw it back to jobcentre to try to use as excuse to take me off benefit

So as they cancelled when i was going to them, surely that means i get another go at rearranging

and as their is nothing in law about only being allowed to rearrange once and nothing about any time limits over when you can rearrange for

then can I rearrange and how long will I be able to rearrange for, my aim is to provide more time for very busy people to be able to provide me with reports

Another thing i read DWP did was they just invented that there is a 4 week time limit you can rearrange an appointment for,but when asked, they wouldn't explain how they'd come up with rule,wouldn't say who did, and of coarse there was nothing written down about it.

But like I said theres nothing in law that says you can only rearrange once and nothing about any time limit for how long you can rearrange for.The 4 week rule was just another thing made up by them internally that is not covered by l;aw.

Heres link to story that showed me there is no legal basis for saying you can only have one rearrangement and no legal basis or time limit at all for saying how long rearrangement can be made for. dpac.uk.net/2015/03/guidance-on-returnin...manage-thedwp-rules/

So can i rearrange and for how long can i rearrange please ?

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4 years 10 months ago #235132 by Gordon
Replied by Gordon on topic When can I rearrange my ESA WCA Appt 4 ?
AKaplan

I'm not sure what DPAC are talking about as there are regulations that cover a failure to return the ESA50 or to attend an assessment!

Anyway, I'm afraid as you have already rearranged one appointment and if you fail to attend this new one then your file will be returned to the DWP and likelihood if you cannot supply Good Cause for your failing to attend is that you claim will be closed, this would be an appealable Decision but could take months to resolve if indeed it can.

Gordon

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

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