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ESA medical attendance
11 years 1 month ago #120205 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA medical attendance
Hi Willow,
I am sorry that ATOS are refusing to give you a home assessment, unfortunately this is entirely at their discretion
As you have already got your GP and MP involved I don't know what else to suggest.
If you don't attend the face2face assessment it is likely that your file would be returned to DWP and your claim closed.
Have you postponed the assessment already? If not, it might be worth doing so as a delaying tactic while you contin ue to try and get a home appointment. This is something that I don't often suggest as the claimant is allowed only one change of appointment and one never knows what the future holds. However, I can't think of anything else in your situation!
I am sorry that ATOS are refusing to give you a home assessment, unfortunately this is entirely at their discretion
As you have already got your GP and MP involved I don't know what else to suggest.If you don't attend the face2face assessment it is likely that your file would be returned to DWP and your claim closed.
Have you postponed the assessment already? If not, it might be worth doing so as a delaying tactic while you contin ue to try and get a home appointment. This is something that I don't often suggest as the claimant is allowed only one change of appointment and one never knows what the future holds. However, I can't think of anything else in your situation!
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11 years 1 month ago - 11 years 1 month ago #120226 by Willow04
Replied by Willow04 on topic ESA medical attendance
Unfortunately I cancelled the last appointment to get more evidence, but this was still not enough
So if I cannot attend what would be my options financially. I know I can contact the council and state zero income. But where would I go from there. Apply for income support? If the medical centre was nearer and not in such a busy location it wouldn't seem so unbearable. But so far from home, there are loads of traffic lights, what if we broke down and we were stranded ... It is all what ifs, I know, but that is what takes over my mind when thinking of all this ...
So if I cannot attend what would be my options financially. I know I can contact the council and state zero income. But where would I go from there. Apply for income support? If the medical centre was nearer and not in such a busy location it wouldn't seem so unbearable. But so far from home, there are loads of traffic lights, what if we broke down and we were stranded ... It is all what ifs, I know, but that is what takes over my mind when thinking of all this ...
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11 years 1 month ago #120233 by Gordon
If you have already moved one appointment then a failure to attend will result in your file being returned to the DWP, they should write to you to ask why you did not attend, before closing your claim, but we have seen numerous examples of this not happening and the claim being closed with no referral to the claimant.
Whilst this Decision can be appealed, because it is classed as a technical Fit for Work, no payments will be made while this happens and there is no guarantee that your reasons will be accepted.
You can make a new claim for ESA, but will not be paid for the first six months unless you can show that you have a new condition or your existing condition has deteriorated.
Your HB should stay in payment, but you need to contact your Local Authority to change it to a zero income claim.
You cannot claim Income Support unless you meet one of the criteria e.g. carer or single parent with a child under 5.
Your only other option is to claim JSA, which I am guessing is not possible.
Can someone take you to the appointment? You are entitled to have a companion with you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA medical attendance
Willow04 wrote: Unfortunately I cancelled the last appointment to get more evidence, but this was still not enough
So if I cannot attend what would be my options financially. I know I can contact the council and state zero income. But where would I go from there. Apply for income support? If the medical centre was nearer and not in such a busy location it wouldn't seem so unbearable. But so far from home, there are loads of traffic lights, what if we broke down and we were stranded ... It is all what ifs, I know, but that is what takes over my mind when thinking of all this ...
If you have already moved one appointment then a failure to attend will result in your file being returned to the DWP, they should write to you to ask why you did not attend, before closing your claim, but we have seen numerous examples of this not happening and the claim being closed with no referral to the claimant.
Whilst this Decision can be appealed, because it is classed as a technical Fit for Work, no payments will be made while this happens and there is no guarantee that your reasons will be accepted.
You can make a new claim for ESA, but will not be paid for the first six months unless you can show that you have a new condition or your existing condition has deteriorated.
Your HB should stay in payment, but you need to contact your Local Authority to change it to a zero income claim.
You cannot claim Income Support unless you meet one of the criteria e.g. carer or single parent with a child under 5.
Your only other option is to claim JSA, which I am guessing is not possible.
Can someone take you to the appointment? You are entitled to have a companion with you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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