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Not Sent ESA Assessment Letter

  • rayisfun@hotmail.com
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6 years 11 months ago #188348 by rayisfun@hotmail.com
Not Sent ESA Assessment Letter was created by rayisfun@hotmail.com
I received a letter asking me why I didn't attend a ESA work capability assessment appointment. It was sent out the day after the WCA appointment. I sent back my ESA50 form a month ago but the DWP have not contacted me until this letter. They did not write to me or phone me about this appointment. When I made my ESA claim I requested written correspondence only.

I now have to explain why I didn't attend this appointment. How can I prove that they didn't contact me about it? When I sent back my ESA50 form I intended to ask for a recorded WCA once I knew the date of the interview. I planned to send the recorded interview request letter in the B&W ESA Guide. I need to know the date of any interview in advance so a friend can go with me.

1. How do I explain that I did not receive a WCA appointment letter or any other contact?
2. Should I include a recorded interview request when I return the letter explaining why I didn't attend the WCA?

I am very worried that the DWP is trying to stop my claim using underhand methods because I have never had a letter go missing like this. I do not trust them.

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6 years 11 months ago #188383 by Gordon
Replied by Gordon on topic Not Sent ESA Assessment Letter
Spectralis

This is a serious matter and you need to prepare for the worst.

Forget about recording the assessment at the moment.

Unless you are aware of problems with Royal Mail deliveries in your area all you can say at this stage is that you did not receive the letter. I'm afraid it is likely that the DWP will not accept this as Good Cause and will close your claim.

You can and should request a Mandatory Reconsideration of the Decision.

In the interim you need to make a Subject Access Request to Maximus for the following;

1. A copy of the missing invitation letter.
2. A copy of your computer record showing the address that they have on file for you.
3. Proof that the letter was posted by Maximus and when.

You can write a letter to Maximus headed "Subject Access Request"

You should also contact your local Royal Mail office to see if there have been problems with mail deliveries in your area.

Do you have examples of mail going missing before?

Is your address one that could easily be confused with someone else's?

Can you check with your neighbours whether they have had the letter?

Gordon

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

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6 years 11 months ago #188392 by rayisfun@hotmail.com
Replied by rayisfun@hotmail.com on topic Not Sent ESA Assessment Letter
Thanks for your reply Gordon. I have never had mail go missing. Everyday since I sent in the ESA50 form I have checked the post and my telephone answer machine in case the DWP left a message. Over the last ten years, every single letter from the DWP has arrived except this one. That seems highly suspicious to me.

How do I make a Subject Access Request and where do I send it? I only have the address of the DWP office dealing with my claim. I do not know which Maximus office to contact or even if they were involved because they never contacted me. Should I involve the CAB again given the seriousness of this issue?

I have waited since 2015 for an ESA assessment and now my claim is in jeopardy because I did not receive an WCA appointment letter. It took a huge amount of effort and stress getting help from the CAB, my friends and my GP to make my claim. I followed the B&W ESA Claim Guide properly and now the DWP can just dismiss my illness because a letter didn't arrive.

I went through a PIP assessment last year and was awarded that so why would I go through the stress of applying for ESA and then miss a WCA appointment without, at the very least, contacting them to rearrange? A few months ago the CAB made a complaint on my behalf because of the long delay in assessing me. This seems like payback.

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6 years 11 months ago #188414 by Gordon
Replied by Gordon on topic Not Sent ESA Assessment Letter
Spectralis

Just write a letter to Maximus with the words "Subject Access Request" as a header asking for the information in my previous post.

You can find out where to send it from the following.

www.chdauk.co.uk/contact-us

If you can help from the CAB then I would.

Gordon

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6 years 11 months ago #188419 by rayisfun@hotmail.com
Replied by rayisfun@hotmail.com on topic Not Sent ESA Assessment Letter
Thanks Gordon. I understand and will get help with the SAR letter.

I'm not sure if this will help my case, but after waiting nearly 18 months for a WCA I went to the CAB two months ago about the delay. They contacted the DWP and got them to agree to assess me. They also sent a letter of complaint about the delay and for any back payments to be made because I am still on the ESA pre-assessment rate.

Do you think this information will help my case in any way? I think it shows that I wanted the assessment and would not miss it without good reason.

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6 years 11 months ago #188467 by Gordon
Replied by Gordon on topic Not Sent ESA Assessment Letter
Spectralis

All that the DWP will be interested in at this time is why you did not attend the assessment.

Gordon

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

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