didnt recieve letters from atos - declared fit

Having dealt with what started as a reasonably similar case last year, may I just ask if you have copies of everything you have sent to the DWP/ATOS etc? I understand the DM has stated he/she will send you certain things, but it may well be worth submiting a subject access request for copies of ESA50's and any other correspondence submitted/ sent/received.

This may help narrow down to a date when things may have gone awry. In the case I had, despite the repeated reassurances of the claimant, it ultimately transpired it was actually the claimant who had inadvertently written the wrong postcode on the ESA50 (digit transposed). Thus the DWP changed the postcode on the system to the postcode as supplied by the claimant.

I appreciate this maybe a bit of a 'belt and braces' approach but maybe well worth it. In any case if correspondence prior to this incidence has been correctly addressed it maybe possible to narrow down a timescale to when any such use of/change of post code on the DWP systems occurred and from that what event or correspondence may have triggered the change.

I appreciate it is a bit of detective work on your part but as Gordon has intimated, an appeal may probably be the best route, and it maybe useful evidence come the tribunal.

Pete

My appeal is been sent later today special delivery by my sister.

Are my last posts not published because they not allowed (questions regarding HB side).

The SAR is also been posted as well.

pete, although a claimant may miswrite a postcode, I would expect DWP staff to notice the mismatch and realise its a mistake or ring th eclaimant to verify which postcode is right. I actually think whats happened in my case the postcode I put on my ESA50 was misread.

Ok they say they not got my appeal yet although someone signed for it on tuesday.

They then proceeded to tell me even if I claimed ESA again and have a new medical I wont get any money until this appeal is resolved, saying my only option is to claim JSA.

I see what was said earlier about them getting confused on a new ESA claim would seem to be true unless a miracle happens and they reconsider when the appeal is processed.

Can it be confirmed here that a new ESA claim will pay me when I have had the medical for it?

Chris29 wrote:

Ok they say they not got my appeal yet although someone signed for it on tuesday.

They then proceeded to tell me even if I claimed ESA again and have a new medical I wont get any money until this appeal is resolved, saying my only option is to claim JSA.

I see what was said earlier about them getting confused on a new ESA claim would seem to be true unless a miracle happens and they reconsider when the appeal is processed.

Can it be confirmed here that a new ESA claim will pay me when I have had the medical for it?

Hi,

As Gordon posted earlier in this thread:


''A new claim will result in a new medical being booked, which when held, should re-instate payment.

The DWP may refuse, on the basis that it has not been six months, but this would be an incorrect ruling, as you are entitled to make the claim, just not get paid for it, so you may need to push the issue with them.''

However even a new claim, followed by a Work Capability Assessment may not necessarily result in payment if one is found fit for work at the WCA. In that case your options would be limited to either claiming JSA or putting in a second appeal!.

Pete

ok I assume right tho if I were to appeal that failed medical I would then get paid at the assessment rate with sick notes? and have the 2 appeals outstanding.

If I were then to win the missed medical appeal would that cancel the 2nd appeal as then the 2nd claim would be cancelled with IB reinstated?

I am having to get it faxed as even tho it got signed for 7 days ago they still say they havent got it.

I made the point they are allowed to 'assume' post has arrived yet I cannot do the same when I send them post.

The 2nd copy of the appeal will also include the letter from my MP.

If I have a medical that says I am fit for work and I then appeal that so have 2 appeals outstanding, I still havent had any advice/idea on what happens then.

Does it affect the result of the first appeal if I have failed a medical even tho the first appeal is nothing to do with my medical status?
What will happen to the 2nd appeal if I win the first appeal?