didnt recieve letters from atos - declared fit

Ok to keep this simple.

I got my form to fill in for assessment in late novemeber.

I posted it as late as possible which was mid december.

I then heard nothing for 2 months as I assumed they were snowed under so wasnt concerned.

I then got a letter posted through my letter box very early saturday morning, I know it was no chance was the postman, and the envelope had already been opened.

The letter stated I missed my assessment in mid jan, and ignored a follow up letter and as a result I am declared fit for work from mid march. The letter incidently had one of the digits of my postcode wrong.

Rang IB number monday morning, got passed around until someone was willing to take ownership of problem, he sent me out a self addressed envelope which came today and told me put in writing my case, he said 9 times out of 10 will be overturned but is a chance they wont believe me. He said ATOS had my right postcode.

Written it today (very hard for me to write tho) and my sister is coming tommorow to post it for me. I seen he put on top of the address its urgent I got FTA status.

Any thoughts on this please, from anyone who has been in the same situation or an idea of what I should expect. Thanks.

On the letter I requested future correspendence from ATOS should be sent to me tracked and/or they should ring me to confirm appointment.

Hi Chris29,

If your correspondence was wrongly addressed and, as a result, opened by another party before being delivered to you then that is a breach of the Data Protection Act.

Someone now knows that you have a health condition and that you are in receipt of benefits, private information which you would probably not wish to share with neighbours unless you choose to.

In this situation, a claimant would be entitled to make a formal complaint and also ask for consideration to be given to providing some recompense for any loss of privacy, any stress and any inconvenience suffered as a result of the breach.

Steve

Hi guys.

Thanks for the help so far.

To let you know this has not gone well.

Here is what happened.

I rang the CLA last week and also last week sent the letter with copy of letter as evidence of wrong postcode. They confirmed this arrived monday.

However as I felt the DWP were been obstructive I also went to my MP yesterday morning.

She rang the DWP directly on my behalf and had to wait for a callback which she got late yesterday.

They stood their ground so she asked them to check the postcode on the ATOS database, they refused for nearly 20 minutes to even check it. Then eventually checked it, as it was read out to her the last letter was wrong. They still refused to back down and told her to fax the letter she got off me as evidence (the one I already sent them) and then hung up on her.

Today she spoke to them again another heated call which they were as hard as nails and said to her he missed the appointment end of, apparently the reason I got for no letter been receieved is a common tactic used as a scam and that was their justification and my reason isnt valid. Also today they changed the story on the postcode saying the DM got it wrong yesterday and it is correct, so conflicting stories, I didnt get told a reason why they rejected the evidence I got on the letter. All I want is a new appointment and the DWP have turned it into a massive issue.

My MP was offended by their attitude and she is taking it higher up but told me I need to appeal or reclaim now as she has clearly lost confidence in them resolving it. She said even if the postcode wasnt wrong she disagrees with a one strike you out policy and she was very angry. She has agreed to be a witness in writing to confirm they said the postcode was wrong over the phone etc.

CLA have told me to wait for the letter and do an appeal form. Although I remember reading on here people with missed medicals cant do appeals?

I tried to look for it in the guides but this situation I couldnt find covered.

Personally I have lost all trust in the DWP and it seems they are a law onto themselves, treating me guilty by default, when in a court its innocent by default.

I would appreciate the link if you can find it thanks so I have something to reference to.