What qualifies as a valid reason not to attend?

Peeved wrote: Is there anyone out there that can say what criteria DWP and ATOS use to determine whether or not non-attendance at an ATOS assessment has a valid reason? The reason I am asking is that I was deemed 'fit for work' for failing to attend but the DWP did not accept the fact that I was recovering from a stroke as a valid reason, despite medical evidence which supported this. When asked why I was deemed 'fit for work' I was told that it was because I was too ill to attend the assessment so I was therefore deemed 'fit for work' but would not have that status removed until I had an assessment in order to determine whether or not I was 'fit for work' Someone please explain the logic behind that? I have been chatting to other people and they seem to have suffered the same way except people with childcare problems.. seems to be that if you are ill and it relates to your disability then it is not valid, childcare is a valid reason to not attend. Does ANYONE have any guidelines that DWP follow or is it just made up as they go along?

There are no clear guidelines on what constitutes Good Cause in this situation but the following must be considered.

(a) whether the claimant was outside Great Britain at the relevant time; .
(b) the claimant’s state of health at the relevant time; and .
(c) the nature of any disability the claimant has.

It is not clear from your post what actions you took, so forgive me if these are things you did, but it is incumbent on the claimant, once ATOS have decided that an assessment is required, to notify ATOS if they are unable to attend, on the day or at all, and in the case of the latter this will need to be supported by a GP's statement confirming the reasons why.

However, ultimately it is at the discretion of ATOS and the DWP, as to whether a claimant is given a home assessment, the only choice to your not attending at an ATOS HealthCare centre.

This is an appealable Decision, but is unlikely to be resolved in the short term, especially if the DWP has already rejected your initial reasons.

As this is a techincal failure, then ESA is not payable on this or any new claim until six months have elapsed, you actually attend a WCA assessment, either at an ATOS office or in your home, or the Fit for Work Decision is overturned at appeal.

Gordon

Peeved wrote: Thanks for that. I have had conversations with the appeals manager at DWP and he stated that there were factual errors in my file, the errors were down to DWP staff inputting incorrect information but it appears that as the fault lies with the DWP the decision is to stand and I will have to appeal. Just seems that the system stacks all the odds against claimants and in favour of DWP.

I am afraid this makes no sense, if the Decision is the result of, admitted, DWP error then it cannot stand, you need to get face to face advice in regard this matter.

Gordon