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TOPIC: Didn't receive letter about Assessment

Didn't receive letter about Assessment 2 months 4 weeks ago #193895

is there any advice about overturning a decision to stop ESA because a person didn't attend their WCA because they didn't receive the letter informing them of the appointment?

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Didn't receive letter about Assessment 2 months 4 weeks ago #193923

Michael wrote: is there any advice about overturning a decision to stop ESA because a person didn't attend their WCA because they didn't receive the letter informing them of the appointment?


You will have to request a Mandatory Reconsideration of the Decision. This needs to be in writing to the DWP office that was dealing with your claim.

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 ATOS and when.

You can write a letter to Maximus headed "Subject Access Request", you can find the address from the following.

www.chdauk.co.uk/contact-us

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?

Alternatively, you can make a new claim for ESA immediately, there is no waiting time, but you will not be entitled to payment until you attend an assessment.

I'm afraid you may need to take this to appeal, the DWP do not usually revise these Decisions but the turnover rate at appeal is very high..

Gordon

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

Didn't receive letter about Assessment 4 weeks 1 day ago #197645

They restored my ESA after the Mandatory Reconsideration of the Decision. They stated they have given me the benefit of doubt and looked at my past history. They state, “However due to your mental health issues and in the interest of Natural Justice” they have accepted my reason for not attending the Assessment Centre.

They list seven laws used.
The following user(s) said Thank You: Mrs Hurtyback

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Didn't receive letter about Assessment 4 weeks 1 day ago #197661

Hi Michael,

I am glad DWP decided in your favour. However, you are now back to awaiting a face2face assessment . . .

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58GordonMrs Hurtyback