ATOS ESA medical unattending form

Ill try to cut a long story short.

I was unable to attend a medical assement due to attending a funeral, Atos told me i would recivce a form to fill in which i did

not recivce after 5 days and i was a little worried as i would have expected it quicker so i contacted ATOS via email who told

me they would request a replacement form be sent out to me this was on the 21st december the week end before christmass so i

didnt expect it anytime soon anway.

Last week i has still not recived this form so i contacted atos again via email who said they would make some enquires and get

back to me and advised me to contact the office dealing with my claim and explain to them my reason for not attending. Based on

this advice from atos i wrote a detialed letter directly to the office dealing with my claim, explainng that i had not recived

the form and based on not reciving the form i was personaly writing to them to give me reasoning for not attending and also

stated that i had contacted atos via email about the missing form and attached copies of the email in this letter.

Today i recive a letter stating the follwoing

We wrote to you on the 18-dec-2012 asking for your reasons for not attending the assessment but we have not received a reply.

A decision maker has decided you are capable of work from 18-dec-2012

Now heres the obvious problem, I contacted ATOS twice via email stating that i had not recived the form and also stated in

these emails my reason for not attending. not only this but i also wrote to the office dealing with my claim ( the same place

this letter ive now recived come from) stating my reason for not attending and also stating that i had not recived the from

hense writing the letter to them.

This letter they have now sent me stating they had no respose from me was dated AFTER i wrote to them and obiously after the

emails i sent to atos, I sent the letter via speial delivery and have a tracking number confirmed as tracked. so they obviously

have had a response from me.

The letter they sent is only dated a few days after they recived my letter, so it could be an automated letter but my letter was

confirmed as singed for by them a few days before this letter is dated.

also the letter from dwp states they wrote to me on the 18th december however atos confirmed via email that they had requested

a replacement for be sent out on the 21st so it seems to me as though this replacement form was not sent.

Can anybody give me someadvise on what to do next, it says to contact them in writing within 1 month of the letter to have it

looked at again or appeal whats the best way to handle this now?

im not sure why the paragraphs came out all funny like that! apologizes for that not sure what happend there

bro58 wrote:

SoulMan wrote: I just got a reply from atos via email

Thank you for your email. I have asked the ****** Resource team to send you a replacement BF223 form to complete, if in the meantime the original one arrives, please could you complete this and return it to the address provided with the form, and ignore the replacement one,

Well at least its been acknowledged by them that i have not yet received the form and that a replacement has been sent out. so i should get at least one of them soon LOL


Meryy Christmas and happy new year to you too, and everybody else

I would also like to just say a big thank you for the entire benefits and work team. for running this site, I can not stress enough how much this site and all of its information has helped me, Without it they could quite easily confuse and mislead me from my path of genuine entitlement to benefits

For you guys to run a site like this you have to be truly passionate and love what you do i am truly grateful.

Hi SM,

It is really good that you have obtained written confirmation.

At least if there are any problems now, you have written evidence.

Thank you very much for your kind comments regarding all at B&W, they are much appreciated.

All the best.

bro58

To The Top to merge.

SoulMan wrote: Ill try to cut a long story short.

I was unable to attend a medical assement due to attending a funeral, Atos told me i would recivce a form to fill in which i did

not recivce after 5 days and i was a little worried as i would have expected it quicker so i contacted ATOS via email who told

me they would request a replacement form be sent out to me this was on the 21st december the week end before christmass so i

didnt expect it anytime soon anway.

Last week i has still not recived this form so i contacted atos again via email who said they would make some enquires and get

back to me and advised me to contact the office dealing with my claim and explain to them my reason for not attending. Based on

this advice from atos i wrote a detialed letter directly to the office dealing with my claim, explainng that i had not recived

the form and based on not reciving the form i was personaly writing to them to give me reasoning for not attending and also

stated that i had contacted atos via email about the missing form and attached copies of the email in this letter.

Today i recive a letter stating the follwoing

We wrote to you on the 18-dec-2012 asking for your reasons for not attending the assessment but we have not received a reply.

A decision maker has decided you are capable of work from 18-dec-2012

Now heres the obvious problem, I contacted ATOS twice via email stating that i had not recived the form and also stated in

these emails my reason for not attending. not only this but i also wrote to the office dealing with my claim ( the same place

this letter ive now recived come from) stating my reason for not attending and also stating that i had not recived the from

hense writing the letter to them.

This letter they have now sent me stating they had no respose from me was dated AFTER i wrote to them and obiously after the

emails i sent to atos, I sent the letter via speial delivery and have a tracking number confirmed as tracked. so they obviously

have had a response from me.

The letter they sent is only dated a few days after they recived my letter, so it could be an automated letter but my letter was

confirmed as singed for by them a few days before this letter is dated.

also the letter from dwp states they wrote to me on the 18th december however atos confirmed via email that they had requested

a replacement for be sent out on the 21st so it seems to me as though this replacement form was not sent.

Can anybody give me someadvise on what to do next, it says to contact them in writing within 1 month of the letter to have it

looked at again or appeal whats the best way to handle this now?

Hi SM,

I have merged your topic from today with your original query from before XMAS for continuity.

I do remember this, and did raise my concerns at the time, I'm sorry to see that my concerns have come to fruition.

You need to contact The DWP DM in writing, (You could try phone contact also) and provide copy of all the written evidence that you have.

You can appeal being found fit for work as a result of non attendance of a face to face. (it would seem that you have some mitigating circumstances, and have been the victim of misinformation)

Unfortunately though, you will not be entitled to The Assessment Rate of ESA whist appealing, as you would if appealing a fit for work decision as the result of a face to face assessment.

You will need to have an assessment, before your money can be reinstated, your only other option would be to sign on for JSA, which may not be an option.

You may also wish to involve your M.P. they can help to push things along :

Contacting your MP

You may also wish to make an official complaint to ATOS and The DWP :

Complaining to the DWP

Complaining to ATOS Healthcare

See also : Where to get advice?

See also : How to submit an appeal , and all our : Appeals FAQ’s

There is also an Appeals Guide here : ESA Claims Guides

You will need to show "Good Cause" for your non-attendance, good luck, hopefully, you can get this resolved quickly.

Please keep us informed on this topic thread.

bro58

Well i emailed atos again earlier to ask if they could confirm if the replacement form was sent out or not because the letter from the dwp stated they wrote to me on the 18th but had no response, however the request for a replacement form which was done by atos was on the 21st so i would expect the letter to say we wrote to you on sometime after the 21st but had no response.

I have got a hopeful reply so far.

Dear Mr ****

I have spoken to the ******** Resource team manager about this matter, and he is going to telephone you to discuss this, as you did not receive the BF223 form to complete, which was not your fault. They will be liaising with the benefit office dealing with your claim to discuss this too.

Hopefully we can sort this out for you, and get you re-referred back to Atos Healthcare to arrange a new appointment for an assessment for you as soon as possible,

I hope that the above is helpful,



I have been at the hospital all day and only read my emails when i got home and it looks promising based on the above email, hopefully i can get this sorted out quickly as this is the last thing i need.

That does look hopeful - almost as if you have found someone with some common sense!