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TOPIC: missing medical assasment

missing medical assasment 6 years 1 month ago #69429

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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Re:missing medical assasment 6 years 1 month ago #69433

Alex wrote:

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?

It depends on the cuircumstances surrounding the missed medical.

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

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

Re:missing medical assasment 6 years 1 month ago #69445

  • Mark Sutton
What happens if you don't have a telephone and the letter advising you of the medical appointment goes astray?

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Re:missing medical assasment 6 years 1 month ago #69456

Gordon wrote:

Alex wrote:

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?

It depends on the cuircumstances surrounding the missed medical.

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

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?

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Re:missing medical assasment 6 years 1 month ago #69458

Alex wrote:

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?

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.

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

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