Missed ESA medical - second chance?

Hi all

We have a client at the moment who did not receive the letter to attend her ESA medical.

It was a new claim. JCP have ended her claim and made a decision that she is not entitled.

Does anybody know the relevant authority to use in her appeal to say that JCP should have sent her another appt. rather than end her claim? This was the first time she had missed a medical.

It appears harsh to me.

Thanks

The notice requirement is in reg 38(3) of the ESA regs but there is also good cause for non attendance under 38(2).  No separate requirement in the regs too give her another appointment.

I advise getting someone to look at her reason for not attending. Did she get a letter asking her for this? If accepted, the award should be reinstated and another medical arranged.

Client’s case is that she didn’t receive the letter.
She explained this to JCP who have ended her claim rather than re-arrange a further medical.

We’ve done the MR but JCP are not not accepting not receiving the letter as good cause for not attending.

The Dept have in the past used the argument along the line that although they only sent a single letter because there are no evidence of Post Delays, no letters were returned or postal problems reported then the claimant must have received the letter.  You can use your own and other evidence to counter this rather optimistic view. IE research how many letter go missing a year. We also all know how much mail goes missing within the DWP even when it is received by recorded delivery or faxed by JCP.  Finally do you register complaints about this with the DWP? If you do use this as evidence in a general sense of the standard of the Department and Mail.

Did she receive and return the BF223 form (which asks why the clmt did not attend the appt) ?

Have a gander at DMG paras 42244-42278 (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/297540/dmgch42.pdf) for more info on what the DM will be looking for when considering good cause