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What do i do now re ESA form being returned late?

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8 years 7 months ago #140447 by Loz
So I had to have my WCA back by the 28th August, but rang to tell them it would be late and was told not to worry just make sure I filled in the 2nd bit to give the reasons as to why, so when i got a letter yesterday telling me that as it was late the Decision Maker (yeah right) had decided that I was no longer entitled to ESA from the 29th and would have to apply for JSA. I was then told that when i rang up, it can take 10 working days to get from the sorting office to the DM, so really they should be telling people that it needs to be in 10 working days earlier so people don't get penalised!
If there is any advice I can now tell anyone its ignore the date they want it back for and make it 2 weeks earlier!
I paid over £7 to send it recorded delivery and it should have been there by the 2nd but it didnt arrive until the the 3rd (so i have to claim compensation for that) I have proof of delivery that they had it by the 3rd September at 07.19am, but as it has not been processed and put on the system as received by the DM, as far as they are concerned they don't have it yet! What a load of bo*****ks that is. And then i today I get another THREE brown envelopes, 1st one, also dated 1st September, saying that they cannot pay me an allowance due to the fact that i have failed to return my WCA form back even though a reminder was sent out to me on 1ST SEPTEMBER...absolutely farcical! ....2nd envelope telling me that the amount of benefit i have received counts as taxable income and I am not due to a refund.... really???? 3rd envelope contained my P45!
OMG! I rang the number i rang on Saturday, which was the one on the letter (0345) and was told to ring the sorting dept direct, which was a 0800 number so it was free. Rang that and was told it was "received on the 3rd September", which was on the Wednesday, so that woman was not telling me the truth as it was the 5th I rang her. I was told that it is with the doctors now, who are looking over it, however there is a backlog so he couldn't give me a timescale of how long it will be before they let me know! why do the have to add to our stress..... it really p1$$es me off when people just cannot show a bit of compassion when dealing with people who are going through a tough enough time as it is....do i still need to write to them as stated in the first letter? It doesn't take much to confuse me these days, but this is definitely not helping me and my anxieties!

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8 years 7 months ago #140461 by Gordon
Loz

The four weeks do not include the time it takes for your ESA50 to reach the right department within the DWP.

If you have now been told that the DWP have the missing ESA50 then you should contact them to confirm that your claim has been re-instated, if not then you should ask for the Decision that found you Fit for Work to be revised in your favour. Decision Makers have instructions to continue with the assessment process when a missing ESA50 is "found".

You should follow up the request in writing in the form of a Mandatory Reconsideration request, see the ESA Appeal guide on the following link.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Loz

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8 years 7 months ago #140546 by Loz
Hi Gordon, thanks for your reply. I have just got a letter through the post, (our postman doesnt deliver in the mornings for some reason) saying that they are pleased to tell me that they can pay me ESA from 1st September at £73.10 per week.
It then goes on to say that I may need to attend a work focus interview and will be notified of this separately if i am required to attend. It also says that to continue to receive ESA I may need to attend a work capability assessment and I must send in Fit notes until after an assessment is carried out.

I have no idea where I am at with all this now? Does it mean that they have read my ESA50 yet? They said I was capable of work from the 29th August in the letter dated the 1st September and would not be paying me any more money. If they are now paying me again, how come I am not being paid for the 29th-31st August?

Sorry for mithering, but I have no idea what is going on with it all......Ive been really stressed out over the last week with it all, and with having to attend medical appointments at the same time and also having to meet with my Union rep regarding my Stage 3 situation at work, its just all getting me down.

Please help if you can?

TIA

Loz

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8 years 7 months ago #140551 by Gordon
Loz

It sounds as if your ESA claim has been re-instated. The next thing that should happen is that you receive an invitation to attend an assessment although this may take many months to happen.

It is worth your chasing the missing 3 days money although it is possible that this is covered by a separate letter that has not arrived yet and you should check your back account for a payment of about £31.32 (£73.10 / 7 x 3) it may be flagged as JSA, don't worry about this, the ESA payment system is built on top of the JSA one so ad hoc payments often have a JSA reference.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Loz

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8 years 7 months ago #140569 by Loz
Hi Gordon, thanks for your reply.

Regarding the bit that says "It sounds as if your ESA claim has been re-instated. The next thing that should happen is that you receive an invitation to attend an assessment although this may take many months to happen."

If I do NOT have to attend an assessment, how long would it take before I hear back from them. Do they let you know that I will have to attend an assessment, but I will have to wait for an appointment, or do i not hear anything from them now until I have an assessment date?

Sorry for all the ??? but I really have to have everything broken down for me at the moment due to my inability to understand even the simplest of things. TIA

Loz

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8 years 7 months ago #140604 by Gordon
Loz

As this is a new claim for ESA it is very unlikely, although not impossible, that you will not have an assessment.

There are long queues for ESA assessments at the moment so it could be some time before you hear, at some point a Maximus doctor will look at your ESA50 and the information attached and make a decision on whether an assessment is required, if one is then you will be notified of the date. If one is not, then your file will be returned to the DWP with a recommendation on your claim and you will hear from the DWP as to what the Decision is.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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