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ESA did not receive assessment Questionnaire

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8 years 2 weeks ago #156599 by patrick
Hey Everyone,

My partner just received a letter from ESA stating she will not receive this benefit and the reason was they didn't receive the assessment questionnaire as requested.

We sent it recorded delivery signed for and have evidence that it was received before the due date and signed for by a CWRIGHT.

Where do we stand with this? will they force us to go through another mandatory reconsideration?

We are fed up with the same nonsense (we had an awful time with PIP for 4 years, ending in a Tribunal in September which was won). It just seems every march/April either the PIP or ESA decide to hit us again and again without checking all previous evidence thoroughly. We just feel like we are getting battered every 6 months, its almost like harassment and there is nothing we can do but jump through their hoops :(

Any advice would be great :D

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8 years 2 weeks ago #156639 by Gordon
Patrick

You will have to request a Mandatory Reconsideration of the Decision on the basis that you have proof that the form was delivered on time and to the required address, this should be in writing to the DWP office the handled the claim.

Do you have a copy of the ESA50? If you do then include a copy with the MR request and a copy of the delivery receipt.

The ESA section has template letters that you can use to make the request.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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8 years 2 weeks ago #156644 by patrick
Replied by patrick on topic ESA did not receive assessment Questionnaire
Hey Gordon!!

I sent 3 copies this morning recorded delivery to both addresses they gave me!

However I just had a 30 minute phone call with the 'delightful' Denise, she couldn't have cared less if she tried.

Apparently the original assessment has now been received, however I have to wait 14 days for the decision makers review, in this time my partner has no ESA and there is nothing we can do!

Denise refused a call back from decision maker or manager, she out right refused and said we have to wait 14 days. She also informed me that even though we may have sent it on time that their handling sites can take up to 5-7 days to process these.......She didn't give a hoot that this information was never given or highlighted, how are people meant to know this??

So as it stands, I have to wait 14 days, another disabled person has been left penniless and without a care from the DWP or government- what a wonderful society we are :(

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8 years 2 weeks ago #156670 by Gordon
Patrick

As a Decision to deny the claim has been made there is nothing that you can do about receiving ESA until the Decision is revised. The only alternative is for your partner to claim JSA, I appreciate that this may not be appropriate.

The requirement is for you to return the form to the required address by the required date, it is not you problem that it can take upwards of a week to reach the actual office and this period is most definitely not part of the four weeks that are allowed for the completion and return of the form.

Gordon

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8 years 2 weeks ago #156671 by Gordon
Patrick

As a Decision to deny the claim has been made there is nothing that you can do about receiving ESA until the Decision is revised. The only alternative is for your partner to claim JSA, I appreciate that this may not be appropriate.

The requirement is for you to return the form to the required address by the required date, it is not you problem that it can take upwards of a week to reach the actual office and this period is most definitely not part of the four weeks that are allowed for the completion and return of the form.

Gordon

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

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8 years 2 weeks ago #156716 by slugsta
Replied by slugsta on topic ESA did not receive assessment Questionnaire
Have you contacted your MP to let him/her know how people are being treated?

Contacting your MP

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