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missing medical assasment
- Alex
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12 years 6 months ago #69429 by Alex
missing medical assasment was created by Alex
what will happen if I fail to attend the (first) medical assasment appointment? will they immediately refuse my entitlement to esa without even considering my questionaire? if so can I appeal against it? and on what basis will the tribunal deceide about my case?
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- Gordon
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12 years 6 months ago #69433 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:missing medical assasment
Alex wrote:
If you did not turn up, provided no notice that you would not be attending, either before or after the appointment, then I would expect your file to be returned to the DWP as a failure to attend.
If, however, you notified them in advance that you could not attend, either because of ill health, disability or other commitment, then you should be given a second opportunity to attend the medical.
It will be a DWP Decision Maker who will decide whether to close the claim for failing to attend the meical. You have an opportunity to show Good Cause as to why you did not attend, and if a Decision is made against you, you have the right to appeal.
As not attending the medical is classed as a technical failure, you would not be entitled to ESA at the Assessment rate while appealing, nor would you be entitled to ESA at the Assessment rate on any new claim for ESA (within six months), until a new medical is held.
Gordon
It depends on the cuircumstances surrounding the missed medical.what will happen if I fail to attend the (first) medical assasment appointment? will they immediately refuse my entitlement to esa without even considering my questionaire? if so can I appeal against it? and on what basis will the tribunal deceide about my case?
If you did not turn up, provided no notice that you would not be attending, either before or after the appointment, then I would expect your file to be returned to the DWP as a failure to attend.
If, however, you notified them in advance that you could not attend, either because of ill health, disability or other commitment, then you should be given a second opportunity to attend the medical.
It will be a DWP Decision Maker who will decide whether to close the claim for failing to attend the meical. You have an opportunity to show Good Cause as to why you did not attend, and if a Decision is made against you, you have the right to appeal.
As not attending the medical is classed as a technical failure, you would not be entitled to ESA at the Assessment rate while appealing, nor would you be entitled to ESA at the Assessment rate on any new claim for ESA (within six months), until a new medical is held.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Mark Sutton
12 years 6 months ago #69445 by Mark Sutton
Replied by Mark Sutton on topic Re:missing medical assasment
What happens if you don't have a telephone and the letter advising you of the medical appointment goes astray?
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- Alex
- Topic Author
12 years 6 months ago #69456 by Alex
Replied by Alex on topic Re:missing medical assasment
Gordon wrote:
and what will happen if they refuse to give me another appointment even after I let them know in advance?
will I be entitled to ESA at assasment rate following an appeal this way?
so if I notify them in advance that I cannot attend due personal problems can I assume that they will give me another opportunity?Alex wrote:
It depends on the cuircumstances surrounding the missed medical.what will happen if I fail to attend the (first) medical assasment appointment? will they immediately refuse my entitlement to esa without even considering my questionaire? if so can I appeal against it? and on what basis will the tribunal deceide about my case?
If you did not turn up, provided no notice that you would not be attending, either before or after the appointment, then I would expect your file to be returned to the DWP as a failure to attend.
If, however, you notified them in advance that you could not attend, either because of ill health, disability or other commitment, then you should be given a second opportunity to attend the medical.
It will be a DWP Decision Maker who will decide whether to close the claim for failing to attend the meical. You have an opportunity to show Good Cause as to why you did not attend, and if a Decision is made against you, you have the right to appeal.
As not attending the medical is classed as a technical failure, you would not be entitled to ESA at the Assessment rate while appealing, nor would you be entitled to ESA at the Assessment rate on any new claim for ESA (within six months), until a new medical is held.
Gordon
and what will happen if they refuse to give me another appointment even after I let them know in advance?
will I be entitled to ESA at assasment rate following an appeal this way?
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- Gordon
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- Posts: 51053
12 years 6 months ago #69458 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:missing medical assasment
Alex wrote:
After that, I can only refer you to paragraphs 4 and 5 of my original post, with the addition that your payments would continue until a Decision has been made on whether your Good Cause is acceptable.
Gordon
ATOS should allow you a second medical, if the first is missed, if they do not, then your file will be returned to the DWP as a no-show.so if I notify them in advance that I cannot attend due personal problems can I assume that they will give me another opportunity?
and what will happen if they refuse to give me another appointment even after I let them know in advance?
will I be entitled to ESA at assasment rate following an appeal this way?
After that, I can only refer you to paragraphs 4 and 5 of my original post, with the addition that your payments would continue until a Decision has been made on whether your Good Cause is acceptable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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