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ESA stopped - they messed up - advice needed

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8 years 1 month ago #154895 by Sailaway
Long story made short:
Already on ESA.
Invited to fill in and return ESA50, date form required by was 18th March.
Posted form on 14th March, got a certificate of posting from post office.

Letter from DWP on 23rd March: ESA STOPPED
In this letter, stated deadline for returning form was 9th March
They didn't receive my form at all.

So, what's the best way to deal with this? Go with the appeal option 'phone or write within 1 month', or is that a trap?
What are the chances of getting this resolved?

Honestly, to get through this system you have to be completely fit, alert and well - it's not fit for the people it's supposed to serve!

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8 years 1 month ago #154908 by Gordon
P

Welcome to the forum.

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?



I guess the most obvious question is have you confirmed the date on the letter that was sent with the ESA50? Was it the 18th or the 9th?

Have you been able to confirm whether your ESA50 was received by Maximus or not? Have there been any reported problems with mail from your area?

Do you have a copy of the ESA50 that you could supply to the DWP at short notice if required?

If the DWP have made a mistake with the return date, then it may be possible to get your ESA re-instated without an MR, but this presumes that your ESA50 was received.

If it was not then you may struggle to get the Decision revised even with an MR as the DWP can take the view whatever the date, the ESA50 was not returned, the only way that may get you around this is to submit a copy of your form with the request for an MR.

Your last option is to make a new claim for ESA, however, as this was a technical failure you will not be entitled to payment until a WCA has been completed.

Gordon

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

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8 years 4 weeks ago #155024 by Sailaway
Replied by Sailaway on topic ESA stopped - they messed up - advice needed
Thanks very much Gordon. I've changed my profile name.

I had 3 more brown envelopes the following day, one with my P45 because I'd left, and 2 more saying they hadn't received my form and this time stating the right date. It seems there's been some confusion back at base.

I had filled the form in on my computer, so thankfully I just have to reprint it and send it off. I'm going to also send a photo of my proof of posting so they can see that I had done everything I was asked to do, and hope for the best.

One more question comes to mind - I'm a bit confused over who is involved when. Did I send my original form to Maximus? Therefore, would I be best sending a letter of explanation and my form to both Maximus and DWP?

Thanks again.

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8 years 4 weeks ago #155035 by Gordon
Sailaway

As your file has been returned to the DWP, you should send the ESA50 to them although I would ring them and say that you are sending it.

The ESA Regulations do allow the DWP to continue with the assessment process if they receive the ESA50, providing you can afford it I would send it using a tracked post.

Gordon

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

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8 years 3 weeks ago - 8 years 3 weeks ago #155505 by Sailaway
Replied by Sailaway on topic ESA stopped - they messed up - advice needed
OK, so this had the wierdest ending.

Having been told in 3 letters that I hadn't returned my form, therefore I would no longer receive ESA, and having received my P45 for leaving the scheme I was planning to get help for an MR through the CAB.

This morning, 9 days later, I had a letter from DWP saying they had decided I will be in the ESA Support Group and payments started a week after they were stopped.

I guess they found the form?

Very thankful I didn't have to go through the reconsideration process, or an assessment (though I recently had a PIP assessment) and it all ended happily. Who'd have thought it?!

Thanks for being there, I appreciate all the support I got from the forum and the site - every bit helped.
Last edit: 8 years 3 weeks ago by .

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8 years 3 weeks ago #155523 by

Sailaway wrote: OK, so this had the wierdest ending.

Having been told in 3 letters that I hadn't returned my form, therefore I would no longer receive ESA, and having received my P45 for leaving the scheme I was planning to get help for an MR through the CAB.

This morning, 9 days later, I had a letter from DWP saying they had decided I will be in the ESA Support Group and payments started a week after they were stopped.

I guess they found the form?

Very thankful I didn't have to go through the reconsideration process, or an assessment (though I recently had a PIP assessment) and it all ended happily. Who'd have thought it?!

Thanks for being there, I appreciate all the support I got from the forum and the site - every bit helped.


Hi Sw,

All's well that ends well, I suppose !!!

Congratulations on The SG award !! :cheer: :cheer:

I don't know whether you have lost any money through what was obviously their error, and whether you would wish to chase this up, but if they found your ESA50 and made a paper based assessment, there should be no breaks in your benefit.

Now that you have the ESA SG Decision Notice letter, you may find This Post interesting.

Thanks for the kind words regarding all at B&W !! :)

bro58

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