Late ESA50 & Appeal Procedure

Good Morning Everyone!

My ESA50 deadline is on Thursday and I have only just posted the form back today special delivery. I keep on trying to call ATOS via DWP but am kept waiting with no success. Should I persevere and advise by phone the reason why it might be late? Do they accept special delivery as evidence? What counts as them "receiving" the form?

Also, could someone please help:

1. I could not complete the form w/out help and the detailed answers were written up in note form, referenced to the ESA50 page nos etc.
This was done because I hoped my local Benefits Advice Centre would fill in the actual form yesterday, three days before the ATOS deadline. They could not offer me an earlier appointment.
They said the notes were so clear and full [thank you benefitsandwork.co.uk!!] that they wrote down in each white response box "see attached notes". They also gave me a covering letter explaining this and the fact that their workload meant no appt for me before yesterday.
I am concerned ATOS may not accept this unusual way of completing the form.
Does anyone have any views on whay might happen to me?

2. The Benefits Centre said that if I had to appeal, they would send me to a benefits "specialist" but that they cannot arrange representation. That would be for my cost.
They added that representation was not really necessary as they end up arguing points of law, and that if I just explained how my condition affects my day-to-day life, that shoud be OK.
This is counter-intuitive and goes against much advice about the benefits of having representation at appeal.
Does anyone have any views on this as I am thoroughly confused.
Do those who get representation always pay for it themselves?

I would be grateful for any feedback on any of this.

Many thanks

Augustus wrote:

Good Morning Everyone!

My ESA50 deadline is on Thursday and I have only just posted the form back today special delivery. I keep on trying to call ATOS via DWP but am kept waiting with no success. Should I persevere and advise by phone the reason why it might be late? Do they accept special delivery as evidence? What counts as them "receiving" the form?

Also, could someone please help:

1. I could not complete the form w/out help and the detailed answers were written up in note form, referenced to the ESA50 page nos etc.
This was done because I hoped my local Benefits Advice Centre would fill in the actual form yesterday, three days before the ATOS deadline. They could not offer me an earlier appointment.
They said the notes were so clear and full [thank you benefitsandwork.co.uk!!] that they wrote down in each white response box "see attached notes". They also gave me a covering letter explaining this and the fact that their workload meant no appt for me before yesterday.
I am concerned ATOS may not accept this unusual way of completing the form.
Does anyone have any views on whay might happen to me?

2. The Benefits Centre said that if I had to appeal, they would send me to a benefits "specialist" but that they cannot arrange representation. That would be for my cost.
They added that representation was not really necessary as they end up arguing points of law, and that if I just explained how my condition affects my day-to-day life, that shoud be OK.
This is counter-intuitive and goes against much advice about the benefits of having representation at appeal.
Does anyone have any views on this as I am thoroughly confused.
Do those who get representation always pay for it themselves?

I would be grateful for any feedback on any of this.

Many thanks

Hi,

To be honest, providing it arrives at its destination (be that a Royal Mail Post Room or wherever) by the final date, then there shouldn't be a problem. I am aware of cases where people have sent them in on the penultimate day by normal 1st class post and they have been accepted okay. By posting Special Delivery, 2 days before should be no problem. Just retain your proof of posting and copy of when it was signed for from the Royal Mail website and that should be enough in the unlikely event of problems.

I am sure if there was a problem with the DWP/ATOS claiming late delivery as an excuse for declining claims we would have already heard about it.

Attaching your answers on supplementary sheets is no problem whatsoever and is acceptable.


Re Appealing, there is help in the guides in the members area. Representation is not a necessary requirement as the panel will wish to ask you questions as opposed to any representative.

If you can get representation from such as a CAB, Dial etc so much the better, but everyday claimants 'win' tribunals without it.

Pete

Pete

Really, many thanks for such a prompt and clear reply.