ESA Procedures?

Can someone help me…I have been out of the benefit loop for a while and not sure with DWP procedures

I have a Cl who was claiming ESA, her benefit was not paid into her account yesterday.  We contacted the DWP today to find out why and have been informed that the Cl was invited to a medical assessment on 05/04/2014.

Cl states she never received an appointment letter.  The DWP have mistakenly continued paying Cl up until 14/06/2014. When we spoke to them they said that the claim has been closed and they cannot re-open because Cl did not attend medical assessment. I explained that Cl did not receive the appointment letter but was informed that Cl will not be paid until she has attended a medical assessment, which could be weeks.

Is this correct procedures?  Could the DWP re-instate ESA?

Yes they could.

She needs to request a reconsideration of the decision that she didn’t have good cause for failure to attend the medical.

I’d follow it up with a Data Protection request to DWP for a copy of ATOS’s file to check when (if) it was sent out.

In the interim, unless she can show a new condition or significant deterioration she will need to claim JSA; if she can show the new condition (maybe it’s all got on top of her and she’s depressed?) it’s new ESA claim season.