ESA deadline problem

Hi all
Managed to get myself in a bit of a pickle and would like to ask some advice. Sorry it's a long post!

Having applied over the phone for ESA I was sent the ESA50 in due course to fill out. The deadline date was quite close to an appointment with the neurologist when I was expecting to be given a diagnosis and further treatment plan including referrals. Unfortunately I didn't get any of them on the day but was told a written report would follow shortly. I telephoned the DWP to inform them of this and was told to hold off sending the form until I received the report. I expressed concern that I would miss the date, but was told to write in the 'Reasons you are late' box that I was waiting for diagnosis and medical reports etc.This I did, also mentioning that I had queried what to do.

Unfortunately the report took over 3 weeks to come through, so I missed the deadline. Obviously I now realise I should have not delayed sending, but as I didn't have a diagnosis etc thought I didn't have any option. Suffice to say I have now received a letter from the DWP informing me that my claim has been refused because it wasn't returned in time. I rang the DWP explaining the situation and was told that 'someone will look at your form and you should hear from us in 2 weeks'.

Basically, I'm wondering what I should do now. Should I wait the 2 weeks and contact the DWP when I've not heard anything; should I ask for a mandatory reassessment/appeal or should I make a completely new claim? The guidance on the letter from them is not very clear. The money from my last payment won't last forever and I'm concerned that I'll run out before I hear back. I suppose one option is to apply for JSA, but surely by doing that I'm declaring myself fit for work and therefore not in need of ESA?

I've been very fortunate not to have had any serious illnesses in life - apart from the last 3 months or so - so am way out of my comfort zone. Not only that, the whole benefits world is new to me and I think I need all the help I can get!!

Many thanks.

Hi Gordon

Thanks for your quick response.

Yes it has been returned, by the time it reached them it was probably a good couple of weeks late.

Doesn't sound like a good idea either to make a new claim or apply for JSA, so the least worst option is to hang on in there. I've already received the P45 from them (the day after I received notification of refusal!), so I'm presuming I'll need to send it back at some point.

I'm still not sure whether I should chase it up or not. The last thing I want to do is antagonise them and for my claim to 'accidently' get lost or go to the bottom of the pile. I'll put my thinking cap on and make a decision on that in the next few days.

Thanks again.

WL

Thanks for the advice Gordon - I'm not nearly as confused by it all as I was a couple of hours ago!

Dear all

Just thought I'd give a quick update on this one. Had a letter from the DWP on Thursday saying that 'having received a completed questionnaire and looked at the reasons for the late return', they have reactivated my ESA. It is to begin on the day after they closed my last claim, so I haven't lost any money. Friday would have been the two weeks they said it would take to make a decision. Must admit to being surprised they kept within their two weeks - I'm not sure how often that happens! I'm also very pleased not to have to go through the stress of the mandatory reconsideration.

Obviously I still have to go through the face to face with ATOS along with the other 700,000 people waiting (whenever that will be) and I expect I'll be put in the WRAG, but just really wanted to say thanks for all the advice. Your advice and site got me through a worrying time.

Thanks again!!