DWP Medical Missed appointments

[TIPOVTONG]

Hi,hope someone can help,last oct(2012) i missed an apointment for a medical assesment because i got my dates mixed up.April(2013) I attended my reschedulled appointment but the medical asseser said she wasnt qualified to give a decision on my condition and i would have to attend again and see someone who could

I got an appointment for 10am 24/10/2013 about a month/6 weeks before the date,then i think it was about the 6/10/2013 I recieved what i thought was the same appointment,and a "cancellation of app" letter,but the app was for 20 mins later,now because i misread the letter and didnt attend the app there stopping my benefit.

they have told me there is no appeal,but i can request that they reviewe my reasons for not attending,

can anyone tell me if the 2 missed app ruling still aplies if there not consecutive,or any other advice would be helpfull ]

Thanks

[reallymadwoman]

ATOS cannot stop your benefit. The only people who can are DWP and they will send you a form to complete first to ask why you didn't attend. If you send copies (do not send the originals) of the second letter and the cancellation letter, there shouldn't be a problem as it's an easy mistake to make.

 

The '2 missed appointments' rule isn't a rule, it's a system ATOS use and only means they go back to DWP before sending you another appointment. If DWP accept you had good cause you will get another appointment. If they don't, you can reapply for benefit but won't get paid until you have had an assessment and you can also appeal.

[**Margaret**]

:TIPOVTONG:

 

Twaddle! From Jobcentreplus! What the contact centre should've explained is that; from 28 October 13, it's no longer possible to appeal a social security decision via Jobcentreplus. The new procedure is to ask Jobcentreplus (preferably in writing) to reconsider their decision. If the decision isn't revised they'll issue a mandatory reconsideration notice which can be used to appeal directly to the Tribunals Service.

 

If I've understood your situation correctly; October 12, you missed a work capability assessment and during April 12 you attended a rescheduled appointment, during which Atos belatedly realised they hadn't got a doctor available to assess you. Neurological condition? Atos sent you another appointment for 24 October 13, and then sent another letter, that you misread, to reschedule the appointment for twenty minutes later on the same date.

 

I don't think the two missed appointments policy applies here. Far more likely that Atos haven't sent, or you haven't received and returned to Jobcentreplus, a BF223 form like the one below;

 

https://www.whatdotheyknow.com/request/141042/response/354324/attach/3/BF223.pdf

 

You need to apply to Jobcentreplus (preferably in writing and via recorded delivery) within one month from the date of the disallowance letter, for a reconsideration. Make sure your letter answers all the questions on the BF223. And, if applicable, explain that your condition makes it difficult to cope with official forms and letters. Jobcentreplus have to consider 'the claimant's state of health at the relevant time and the nature of any disability the claimant has'. If you've got/can get any confirmation of your condition, enclose it with your letter or send it as soon as possible afterwards.

 

If Jobcentreplus revise their decision, they'll resume your payments and re-refer you to Atos. If not, you'll be able to appeal to the Tribunals Service, but employment n support allowance (or legacy benefits) won't be payable pending the outcome of the appeal.

 

Sincerely, Margaret.

Edited November 6, 2013 by **Margaret**

[TIPOVTONG]

Thanks Margaret,I wrote out my reason in rough,checked all dates and order of events were correct.then got a freind to have a look just to be on the safe side(that turned out to be a life saver,as i had got a bit confused) then printed it out on computer(as i havent got the easiest of handwriting to read) then sent recorded delivery

On thursday lastr week,I got a call from the the person who does tyhe reconsideration,he was very understanding and agreed that he could see how it could be confusing.So my benefit has been re-instated and back dated(inc housing benefit) so thanks or everyones help,Merry Christmas

[abc123def]

fab well done

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?408716&p=4739435#post4739435

 

new thread started for missy2006 ^^^^