didnt recieve letters from atos - declared fit

Chris

As with all Case Law, it has two aspects.

The Case we are referencing, which is a Commisioners / Upper Tribunal Decision, requires the DWP to prove that the letter was produced, was despatched, and was addressed correctly.

If the DWP are unable to show all of these points were correctly applied, then the letter has to be considered as not being sent.

Conversely, if they can show that all of the above were correct, then the letter is considered as sent, and the onus falls on the claimant to prove it was not received. Reasonable Cause can still be shown for the non-delivery of the letter, if the claimant can show, they have previously had problems receiving their post, there were reported problems with their local sorting office, or delivery service, etc.

As they appear to be unwilling to change their position, you have no choice but to pursue this through the appeal process.

Gordon

Chris

You haven't posted anything inappropriate

From what you have posted, your problem is not with what the DWP database says, but the ATOS one, as they are the ones that book the medical with a claimant and send them details.

Given that you have now spoken to the DM and they have refused to change their mind there is nothing you can do with this claim but wait for a hearing.

What I would suggest is that you make a new claim for ESA, you're not entitled to payments due to your missing the medical, but 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.

Good luck

Gordon

Chris

See the following FAQ

Crisis loans

Gordon