RE HOLIDAY

I have recently got a letter stating that I need to attend f2f medical on the 9 January and I will be on holiday so I contacted atos via email and got the following reply posted below and I just want some advice on their reply please. I am currently in the support group.

I recieved a letter yesterday saying i have to attend a face to face medical on the 9th january 2015. The problems is that my wife recently passed away and my head is in bits at the moment and my daughter is taking me on holiday from the 3-24 january. Iinformed the dwp yesterday by phone that i will be going on holiday on these dates and they said they will send me a holiday form out, i also informed them of a change of address(see below). I was originally asked to attend a medical in november and asked for this to be recorded so you cancelled the original appointment and i just got the new one for the 9 january and won't be able to attend

Please accept our condolences on the loss of your wife.



I have forwarded your email to the Resource Team in Leeds for their consideration. I have asked them whether it is possible to rebook another appointment for you after the 24th January. If this isn’t possible, they will return your case to the DWP office dealing with your claim explaining why you are unavailable at present. If they are able to rebook another appointment, you will receive written confirmation by post.

Thanks Gordon
They cancelled the appointment and I've got the letter cancelling it. Would this be grounds for an appeal if they stop my money

Hi t,

Please accept my condolences on your recent loss !!

Paying heed to Gordon's advice, it may be prudent to recontact ATOS in Leeds :

Phone : 0113 230 9175. E-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it.

You could request that they inform you by e-mail, whether or not they intend to make a fresh appointment for you after 24/01/15, or if they intend to return your file to The DWP.

If your file is returned to The DWP, they should issue you with a BF223 Form, where you can state your "Good Cause" for non-attendance.

You may also wish to reiterate the fact that it was ATOS that cancelled the first appointment and not you.

As Gordon says, being out of the country is one of the situations listed as Good Cause for non-attendance of a F2F.

It is whether the DWP accept this.

bro58

"Thanks Gordon
They cancelled the appointment and I've got the letter cancelling it. Would this be grounds for an appeal if they stop my money"

Hi t,

ATOS cancelling the first F2F should be used as a back up argument.

Here is the ESA Legislation (ESA Reg 38.) regarding non-attendance of a F2F :

“Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity

38. (1) Where it falls to be determined whether a claimant has limited capability for work-related activity, that claimant may be called by or on behalf of a health care professional approved by the Secretary of State to attend for a medical examination.

(2) Subject to paragraph (3), where a claimant fails without good cause to attend for or to submit to an examination listed in paragraph (1), the claimant is to be treated as not having limited capability for work-related activity.

(3) Paragraph (2) does not apply unless written notice of the time and place for the examination was sent to the claimant at least 7 days in advance, or unless the claimant agreed to accept a shorter period of notice whether given in writing or otherwise.”

From : www.legislation.gov.uk/uksi/2008/794/regulation/38/made

&

ESA Reg 39, regarding what is acceptable as Good Cause :

"Matters to be taken into account in determining good cause in relation to regulations 37 or 38

39. The matters to be taken into account in determining whether a claimant has good cause under regulations 37 (failure to provide information in relation to work-related activity) or 38 (failure to attend a medical examination to determine limited capability for work-related activity) include—

(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."

From : www.legislation.gov.uk/uksi/2008/794/regulation/39/made

bro58

What I want to know please is if the dwp will stop my money as soon as atos informs them that I didn't attend or will they wait until after I return the BF223 form