didnt recieve letters from atos - declared fit

Ok I managed to speak to the decison maker it was a long and calm discussion, the end result is still the same tho.

I passed on the case numbers, and then she told me the case number she used which was one at commissioner level so she said its why she used that one as its higher than tribunal, she couldnt tell me the date, it was cib451202.
She is sending me copies of past medicals and my last ESA to aid me in a new ESA claim in case I make a new ESA claim.
She then told me I would have a tough time passing a medical because on mobility they now consider if you can do the distance in a wheelchair you no longer immobile is this true? I actually dont have a wheelchair as I have never been given one. But I expect I would be able to use a wheelchair ok although I cant be sure as I have never tried one. I do get back ache when I do anything partly stressful to it. Does using a wheelchair stress your back? Obviously I now have doubts in my mind about how I would even pass a medical based on what she has said but I am also aware the DWP do try to put doubts in peoples minds to make them stop claiming.

On the good reason to not attend in her own words her view was been near christmas, a letter with wrong postcode (she admitted their database was wrong but said atos was seperated and correct) and my word, and my history of attending past medicals and responding to letters was not enough reasoning.

I will still be appealing as I think the discrepancy my MP had with the postcode (which by the was was a A instead of a R, as capital letters they similiar.) is some sort of evidence a problem existed. My current view is the DM's view on me failing the medical probably swayed her decision on the non attendance.

Chris29 wrote:

Ok I managed to speak to the decison maker it was a long and calm discussion, the end result is still the same tho.

I passed on the case numbers, and then she told me the case number she used which was one at commissioner level so she said its why she used that one as its higher than tribunal, she couldnt tell me the date, it was cib451202.
She is sending me copies of past medicals and my last ESA to aid me in a new ESA claim in case I make a new ESA claim.
She then told me I would have a tough time passing a medical because on mobility they now consider if you can do the distance in a wheelchair you no longer immobile is this true? I actually dont have a wheelchair as I have never been given one. But I expect I would be able to use a wheelchair ok although I cant be sure as I have never tried one. I do get back ache when I do anything partly stressful to it. Does using a wheelchair stress your back? Obviously I now have doubts in my mind about how I would even pass a medical based on what she has said but I am also aware the DWP do try to put doubts in peoples minds to make them stop claiming.

On the good reason to not attend in her own words her view was been near christmas, a letter with wrong postcode (she admitted their database was wrong but said atos was seperated and correct) and my word, and my history of attending past medicals and responding to letters was not enough reasoning.

I will still be appealing as I think the discrepancy my MP had with the postcode (which by the was was a A instead of a R, as capital letters they similiar.) is some sort of evidence a problem existed. My current view is the DM's view on me failing the medical probably swayed her decision on the non attendance.

Hi C29,

The new ESA Mobilising descriptor does indeed include the use of a manual wheelchair unaided, even if you do not usually use one.

However, there could be arguments raised against this assumation.

See this thread from rightsnet, regarding this issue, even though it starts off talking about DLA, the OP, is actually referring to ESA, as you will see. :

www.rightsnet.org.uk/forums/viewthread/2009/

See this link also regarding wheelchair assessment :

www.sheffield.gov.uk/caresupport/adults/...tations/wherecaniget

And :

www.wheelchairmanagers.nhs.uk/services.html

See the current ESA Regulations below, for WRAG (LCW), at "Activity 1" :

www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

And the Support Group descriptors (LCWRA), "Activity 1" again :

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

See also from our FAQ’s :

Qualifying for the WRAG

And :

Qualifying for the Support Group

And our full ESA Claim Guides here :

ESA Guides

Hope this helps.

bro58

That would be a guess on my part, the impression I got from the DMs words were she thought I would fail a medical, and the question would then be if she let her feelings on that affect the decision on the non attendance. As it looks clear to me the non attendance could be decided either way depending on the DMs point of view. As "with good reason" is very vague.

"CSIB/721/2004, citing CIB/4512/2002, states that a notification has not been sent if it was not delivered. As a result questions of good cause for non attendance are not reached in the case of non-receipt of a notification"

that case?

She reckons the case she reffered to was a comissioner deciding that if a letter is not recieved they can work on assumptions and probability. And the probability was of royal mail sucessfully delivering. That disagrees with the published data on that site?

Also in regards to databases been correct or not, I suspect right at this moment both are correct. They have admitted their own database is wrong and probably wont change that story since I have a letter as hard evidence but the atos database I suspect was [ Mod Edit ].