failure to attend appeal

client failed to attend as he didn’t receive letter; D Makers Guide 42243 states medical services will contact the cliamant by telephoen..

has this been used previously?

he also failed to attend previous medical as never received letter..

I assume you’re talking about an assessment, rather than an appeal?  The trouble is that the Regs only require written notice to be given :

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

23.—(1) Where it falls to be determined whether a claimant has limited capability for work, 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.

(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 that claimant agreed to accept a shorter period of notice whether given in writing or otherwise.

So it may make sense to think that they should be phoning up to confirm appointments, but there is no requirement to do so, and the appeal submission will include a record of the letter being issued.

The problem for anyone is then proving that they did not get the letters, when the likelihood (normally) is that they did…  The commentary in the legislation volumes is very helpful.

Seems to me that we get an increasing number of these cases, probably not least because the DWP appears to adopt an informal policy of accepting the reasons the first time it happens, then making a decision treating as not having limited capability the next time round.  Perhaps gives the impression that it is possible to avoid having to go.

client failed to turn up for appeal, went ahead and we won appeal…

I have ben told twice now by the DWP that if a claimant has received a fit for work decision for non-attendance and appeals then they will not receive any interim payments whilst waiting for tribunal. Is this the case?

Yes,  no payments until either the decision is revised in client’s favour at, or prior to, appeal or claimant makes a new claim, attends a new assessment and passes WCA.

So if the client makes a new ESA claim, how would the 6 month rule apply in terms of payment? Am I right in thinking that the 6 months start from the date of the fit for work decision.

On a seperate note, but relating to the same case, my local BDC seem to be behaving as if the mandatory reconsideration has already taken effect. Any ideas on how I can get some form of redress for them causing a 10 week delay in the appeal reaching the tribunals service?

Only 10 weeks? Blimey, you don’t know how lucky you are…

Locally, WCA conversion appeals are taking up to a year to reach reconsideration stage.