Employment and Support Allowance (ESA)
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Missed medical assessment / mental patient lied for mandatory reconsideration

shaz6776shaz6776 Member Posts: 1 Listener

Hi

Please can someone advise me urgently, my sister has lied to DWP about why she missed medical assessment

She has bipolar and depression, severe learning difficulties . on the date of the assessment she actually became violent and hurt me hence I did not take her or called the DWP but she has called them to state she didn't go as my son had meningitis

which he did but was the previous month!! They have failed her reconsideration stating she should have made alternative arrangement.

Now I have cooled down and realised I made the situation worse by not continuing to support her as her benefit has stoppped


Please advise urgently, we are appealing #

Should I write a statement and her other carer confirming the events


Replies

  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi @shaz6776 and welcome

    You are in a very difficult position to state the obvious, but you should not blame yourself.

    The appeal will only reopen your sisters claim if successful and she will then have to attend a new assessment.

    For the appeal to be successful you will have to show good reason why your sister failed to attend. For whatever reason, you were unable to take your sister at the last moment, despite having arranged to do so.

    Does your sisters condition prevent her from travelling alone ? In which case, if there was no other person available to take her this should be seen as good reason.

    We cannot condone lying to the DWP for any reason but maybe a different version of the truth will suffice
    Be all you can be, make  every day count. Namaste
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Making an excuse that someone else was ill will not help her case one little bit, it is like saying I did not attend because I saw a black cat sitting on the neighbours fence. Mental health problems and severe learning difficulties are more than good reason for missing a medical assessment.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Shaz6776, 

    You don’t say whether it is ESA or UC that your sister is claiming, but either way, failing to attend the assessment without good cause/reason means the DWP treat you as failing it.

    I do think your sister has good cause but not what she provided. She should have emphasised her mental health diagnosis and severe LD. This needs to be explained on the request for the appeal and also include any medical evidence of this. You could also put in a letter of support as her carer explaining that you were dealing with her violent behaviour that day which prevented you taking your sister to the medical.

    Hopefully this will be sufficient to persuade the DWP that she did have good reason for missing the medical.

    Regards,

    Michael
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Emmz888Emmz888 Member Posts: 2 Listener
    I am disabled I have 2 tears by my spine which has made my discs bulge and trapped my siactic nerve and taken all feeling out my left foot I have very bad arthritis in both my knees I need 2 knee replacements I am to young yet I'm 45 ..my feet have gone really bad Ive got MTP in my toes arthritis and buions and cysts so I can not fit into shoes
    ..i missed my esa medical assessment and I'm scared
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Emmz888 said:
    I am disabled I have 2 tears by my spine which has made my discs bulge and trapped my siactic nerve and taken all feeling out my left foot I have very bad arthritis in both my knees I need 2 knee replacements I am to young yet I'm 45 ..my feet have gone really bad Ive got MTP in my toes arthritis and buions and cysts so I can not fit into shoes
    ..i missed my esa medical assessment and I'm scared
    Hi,

    You will need to ring DWP first thing tomorrow morning to speak to them. Not attending a work capability assessment could mean your ESA will stop for failing to attend. You will need to tell them your reasons for not attending but you may need to request the Mandatory Reconsideration for this. If this does happen then i'd advise you to speak to an advice agency near you for face to face to advice.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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