× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

WCA appt letter not received & good cause

Peter Turville
forum member

Welfare rights worker - Oxford Community Work Agency

Send message

Total Posts: 1659

Joined: 18 June 2010

Is this wishful thinking on my part?

Has there been a recent decision (Judge Jacobs??) that addresses the issue of good cause for failing to attend WCA where the claimant alleges that they did not receive the appointment letter (at a secure address) which concludes that the old presumption of delivery is no longer applicable given the current state of the Royal Mail.

If this is not wishful thinking please would one of you good people respond with the decision ref. Thanx.

Ali L
forum member

Terrence Higgins Trust, Glasgow

Send message

Total Posts: 14

Joined: 21 June 2010

Don’t know about commissioners’ decisions, sorry, but have used this argument on several occasions, put info in the appeal letter or submission about Royal Mail - including press clippings saying how however many percent of letters are not delivered.  Had two cases that went to tribunal and which were allowed without us having to make any further representation - in and out in under a minute.

benefitsadviser
forum member

Sunderland West Advice Project

Send message

Total Posts: 1003

Joined: 22 June 2010

Any chance of letting me know where you got the info to help with appeals? I have an identical case and my revision request has been refused so it will go to tribunal. If i could include these details in my revision requests it may nip such problems in the bud.