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What happens if I don’t attend ESA medical?

  • rayisfun@hotmail.com
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10 years 9 months ago - 10 years 9 months ago #105524 by rayisfun@hotmail.com
What happens if I don’t attend ESA medical? was created by rayisfun@hotmail.com
I wonder if someone could advise me about what will happen if I don’t go to my ESA medical at ATOS? I searched the forum but couldn’t find any specific information about this. I was assessed last year and told that I would receive IB and DLA indefinitely for my mental illness. I recently found out I have an ESA medical next week and quite frankly I’m sick to my stomach about going for another medical. Each one I go to I find very distressing. They ask the same questions that I’ve answered a hundred times before. It feels like an interrogation. Over the years I’ve sent in all the supporting medical information but this process never seems to end. Just knowing that the ESA medical is not designed to support me but to try to get rid of me makes me so angry I just don’t want to be treated this way any longer.
Even though I have periods where my mental health deteriorates quite badly I think I might be able to sustain part time work at the moment. A close friend has offered me part time work on a trial basis so I’m very tempted to try this. I’ve had to cope with my illness mainly by myself and with the support of friends because the treatments and medical support has been very inconsistent. The benefits agency has never offered any help or advice about getting back into work either.
Rather than go on about my condition and situation my question is what will happen if I don’t attend the medical? Will the benefits agency just stop my claim and leave me alone? I feel like phoning them up and telling them that I won’t go through one of their discredited medicals again but what’s the point? If I had any faith that the DWP would genuinely support me getting back into work then I might go through another medical but I don’t believe that at all. I don’t know what the answer is but I have to come to a decision before next Monday.
Last edit: 10 years 9 months ago by slugsta.

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10 years 9 months ago #105526 by slugsta
Replied by slugsta on topic What happens if I don’t attend ESA medical?
If you don't attend the face-to-face assessment then the most likely outcome is that your file would be returned to DWP and your case closed. Payment would cease as would the NI credits made towards your state retirement pension.

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

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  • bro58
10 years 9 months ago - 10 years 9 months ago #105530 by bro58
Hi S,

Just to add to MHB's advice,

You are allowed to rearrange an appointment once, there are contact details regarding this, here, on the right under "ESA/WCA Customer Service" :

www.atoshealthcare.com/claimants

If you do fail to attend, your benefits may cease, as MHB rightly advises.

You would probable be contacted by the DWP informing you of this, inquiring whether you could show "Good Cause" for non attendance.

bro58
Last edit: 10 years 9 months ago by bro58.

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10 years 9 months ago #105535 by Gordon
Spectralis

Just to add to the advice already given.

Would your GP support you in asking for a home assessment? If they will it may still be possible to arrange one.

If you fail to attend this assessment you will be classed as technically Fit for Work.

The likeliest result is that your claim will be closed on this basis and you IB payments will cease.

Should you need to, you can make a new claim for ESA, but you will not receive payment until six months have elapsed or you attend an assessment.

You will lose your NI Contribution history in regard to claiming benefits, and will only be eligible for Income Related ESA which is subject to a means test of family income, assets and savings, and any hours that a partner works.

You will not receive any Transitional Payments and Protection that you would have otherwise qualified for.

You will not receive any form of back payment for the period between the closure of your IB claim and the start of any new ESA claim.

Any other benefits that you are receiving in connection to your IB claim may also be affected.

Obviously the decision is yours, but please consider all aspects before cancelling the appointment.

Gordon

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

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  • bro58
10 years 9 months ago #105542 by bro58
Hi S,

Just to add to what has already been added :)

Gordon has given some good advice, if you feel that your G.P. will support you in trying to obtain a Home Assessment, you should contact ATOS via their site, informing them of this.

They will most likely insist that your G.P. Faxes them to support your request.

bro58

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  • rayisfun@hotmail.com
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10 years 9 months ago - 10 years 9 months ago #105545 by rayisfun@hotmail.com
Replied by rayisfun@hotmail.com on topic What happens if I don’t attend ESA medical?
Thanks for all your replies. I really feel uncertain what to do next but I thought that part time work might be a way back into full time work and if I do any work then I assume I'll not be able to claim ESA anyway. I have thought about discussing this with a benefits advisor but because it seems like the DWP wants to get rid of us all I don't really trust them to give me the best advice.

Is there a way to try part time work without losing my benefits or NI Contribution? Or how can I stop claiming IB and keep my NI Contributions? If I go to the medical and fail it will it be better than not going at all?
Last edit: 10 years 9 months ago by Gordon.

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