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didnt recieve letters from atos - declared fit

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12 years 10 months ago - 12 years 10 months ago #83949 by Gordon
Chris

Whilst it should not delay an appeal being lodged (technically), it is likely that the DWP will not progress it until they have the Fit Note, as for the majority of cases they are dealing with claimants looking to have their payments re-instated, which of course, does require a Fit Note be supplied.

Regarding proof of despatch, the DWP and/or ATOS systems will show that a letter was requested, that it was printed, they can show what address was used, and they will be able to reasonably (I use this in the legal sense), show that it was despatched. They do not need to use Recorded Delivery or a similarly tracked postal service, as it is accepted that a letter correctly despatched, can reasonably (legal again), be expected to be delivered.

You need to show it was not despatched, because it was not printed, or the address was wrong, or more importantly, that the DWP have not offered proof of these things to the Tribunal. You can also argue that it was not received because of postal problems or some other factor that would have prevented delivery.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 10 months ago by Gordon.

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12 years 10 months ago - 12 years 10 months ago #83953 by cc
My sisters work said they are not allowed to use their own logging as proof of dispatch, the proof has to come from a 23rd party ie. the courier company. do the DWP have some kind of excemption in law or something?

Since my evidence has a lot of proof showing that the DWP are poor at keeping records, putting correct postcode on envelopes etc. that I hope would discredit any evidence supplied by a DWP themselves as not credible.

I also found one hit on google when I asked the question "how to prove a letter is not delivered" and the answer was it cannot be actually proven, I think the law has a huge loophole if it allows the DWP to only provide proof it was printed as acceptable evidence. The royal mail is far from reliable so it seems the law is written badly, although I respect what you telling me I am not going there to argue with the law I am going there to argue my case within the points of the law.

So I guess my best case scenario is the DWP dont provide the evidence and as such the question of "good cause" doesnt come up. If they do provide that evidence I then have to argue reasons why my post would have failed to be delivered such as the christmas date and the evidence I had of the other letter been opened by a nighbour. Although would they count me telling them that the letter was pre opened as evidence? as I have no idea what person delivered it, could have been a next door neighbour but also could have been someone streets away.

So on my fit note I should attach a latter telling them its for 2 purposes, one for the appeal and also for a ESA claim?
Last edit: 12 years 10 months ago by Gordon.

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12 years 10 months ago #83959 by Gordon
Chris

The Fit note should be recorded into the DWP systems and be available to all that need to see it, but I am sure it wouldn't hurt to mention both requirements.

As an aside, what happened to the envelope from the original letter that was eventually delivered to your home? What address was on this?

Gordon

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

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12 years 10 months ago #84154 by cc
Sorry missed your question, that envelope I think I threw it away as I cant find it anywhere. I didnt immediatly notice the postcode was wrong on the letter.

My new ESA claim has hit new problems, the form I printed out and sent was sent back today, they said they couldnt accept the printed form and had to be an official ESA1 hand written. Whilst i am very annoyed by problem after problem, at least it means now when I send the new sick note it will be sentalongside the new form so they have less of a chance to say they cant find the sicknote, so today will be posting the new form with the new sicknote and hope they finally can competantly (if thats the word) process it. The letter didnt say the P45 was an issue but I supplied that as well just in case.

I rang welfare rights again and this time they were very good, explaining a few things. Apparently I can get 3 crisis loans so I should be able to get 2 more for living costs, also they will represent me on the appeal, and they said they will get a charity to help me when crisis loans run out and if I still have no benefit. The concern is currently how long I will be waiting to get a medical on this new claim as I am sure you may be aware Gordon about the FOI request which revealed nearly 40k people waiting for more than 13 weeks for medicals? The DM reckons I will be fast tracked but anything told to me by the DWP now I have lost confidence in as they so inconsistent.

Also my GP has written to them as I have new evidence now of incompetance, the job centre rang him about the first sick note to verify he supplied it and its the same sick note they claimed I never sent.

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12 years 10 months ago - 12 years 10 months ago #84155 by pusscatsmum
Replied by pusscatsmum on topic Re:didnt recieve letters from atos - declared fit
Good luck.
You seem to be having some very good people assisting you in your hour of need. Many GP's will not be as good as yours in the fact of your GP actually taking a direct help to the right jobcentre+/DWP personel.
At last welfare people assisting and crisis loans availble.
Last edit: 12 years 10 months ago by Gordon.

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12 years 10 months ago - 12 years 10 months ago #84156 by chrissy v
I am now very concerned, i have sent the printed version ESA50, i thought that was acceptable, or have i got it wrong.

CV
Last edit: 12 years 10 months ago by Gordon.

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