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ESA Medical appeals procedure

  • Dianne
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13 years 8 months ago #50586 by Dianne
ESA Medical appeals procedure was created by Dianne
My husband has been contacted by DWP to say that he has failed his medical assessment for continuing ESA payments. My concern is that he was informed of this over the telephone. He told the person on the phone that he had a current medical certificate of unfit to work. The contactor said that he would send an appeal form through the post. A leaflet called "If you think our decision is wrong" arrived by post this morning, with no covering letter whatsoever. Surely he should have been informed of their decision to fail him of his test in a letter? How can he fill in the section of the form to say WHY he disagrees with this decision if he was not given notification of his reason for disagreeing?

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13 years 8 months ago #50593 by Gordon
Replied by Gordon on topic Re:ESA Medical appeals procedure
Dianne

The DWP appear to be trying to streamline their services by not sending Decision notices. We believe this places claimants at a serious disadvantage, especially as some processes, such as appealing, require you to note the date of the Decision letter, on the GL24 form.

The info as to why your husband failed the medicalis not actually listed on the "virtual" Decision Letter, you need to get the medical report, you should be able to request this over the phone, by contacting your local DWP office.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Dianne
  • Topic Author
13 years 8 months ago #50657 by Dianne
Replied by Dianne on topic Re:ESA Medical appeals procedure
Thank you, Gordon. I have drafted and sent by recorded post a letter requesting a copy of the medical assessment. We would phone the DWP to request this by phone, but we don't have and can't seem to obtain a phone number to do this.

No security checks were used when the DWP phoned my husband. It could have been anyone they were speaking to, including any male relatives who don't know about his ESA benefits.

Regards

Dianne

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