No letter from DWP re medical

Told last week I failed my ESA medical over phone by admin after me letting them know my condition had worsened, and yet I still haven't received my letter. Did send letter last week when I found out listing all the reasons why I should receive ESA. My depression has spiralled down and I don't even want to go out now. Am so upset and in so much pain. Due an op next week, so don't understand how ATOS can over-rule my own GP and Consultant!!

On the question of the adverse decision on your ESA claim, you must be notified in writing as it is a legal requirement Conveying the decision over the 'phone is insufficient and not acceptable.

Insofar as your deterioration in health arises, did you inform the DWP in writing after you had completed the ESA50? If so, this is a material and relevant change of circumstances which may have impacted on your ESA entitlement. Accordingly, you should reclaim ESA immediately even if you intend to appeal the adverse decision.

You have said that you have sent the ESA decision maker a letter contending why you should be entitled to ESA? Did you ask for a reconsideration of the decision, or have you formally lodged an appeal?

It is very important to obtain the decision letter explaining why you failed the WCA, because you will have one month from the date on the decision letter to submit an appeal. The DWP may treat your letter as a reconsideration, but it is advisable to appeal because unless you have compelling (new) evidence, the chances of a successful outcome at the reconsideration stage will be limited.

Thank you for your advise. Yes I have informed them in writing, since my medical that I am in need of an op next week, also when I visited my Doc last week and he sent me for x-rays and blood tests. I have been waiting for the dreaded letter for a week now. It was when I phoned last time to tell them I had been to hospital and my mobility had deteriorated that I was told I had failed my medical.

I will ring tomorrow and request a copy of the report. I did state in my letter that I replied immediately in anger at the decision listing 15 points whilst I am unable to work and said that it was my appeal against their decision, and heard nothing since.

I am a bag of nerves, suffering panic attacks and just want to hide under the duvet (know it's not the answer!!). Feel anxious even phoning them up now! They have taken what little dignity I had left!!

The problem is twofold in your case.

Firstly, unless you have specifically said in the letter that it is your notice of appeal, it will not be treated as such and will probably only be treated as a reconsideration. Secondly and most importantly you actually at this stage have no decision to appeal, as it has not been promulgated, which in a layman's terms means no decision has been conveyed in writing to you.

It is therefore very important that you receive a proper decision in writing, ensuring that the date is current on the decision letter. Following receipt of the letter you will need to resubmit the appeal within one month of the date on the letter using form GL24.

Thank you very much, very valuable advise. I will try and pluck up the courage to ring them tomorrow, and will let you know. Thank you for responding, really appreciate it. x

Was told over the phone over a week ago that I had failed my m edical and only received the letter today, scoring 6 points. I am deeply depressed and angry, as the scoring sheet does not reflect what happened in my medical and the way I am now. I have just sent a letter asking for my medical report and told them that I strongly disagree and am appealing. I already wrote a letter the day I was told over the phone and highlighted it as an appeal.

I feel I need to write regarding how I have been scored.

Today I have stayed in bed with the curtains and blinds shut and do not want to go out. They have made me feel like a fraud!

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