ESA sent late due to it been lost in the post

franny66 wrote:

Today my benefit was stopped as my form returned some dates late. I suffer from lupus (SLE) and my world has just fallen apart, how can I account for the postal service. I was told to appeal the decision and go without money. Has anyone had similar problems? I have read here postal delay is not a good cause. I sent it back via ordinary post. Any ideas what happens next please or should I start the new claim process again new. Thanks

You say you sent your ESA50 by ordinary post, did you get a certificate of posting.

Problems with the delivery should be acceptable as Good Casue, providing you are able to show when the form was actually posted.

You don't say whether this is a new claim or the result of a transfer from another benefit, so it's not possible to advise whether starting a new claim is right for you or not.

However, you need to be aware, that you will have been found Fit for Work due to a technical failure (not returning the ESA50), and as a result you are not entitled to payment on this or a new claim, until you have attended a WCA assessment or six months have elapsed.

The DWP are required to find out why the ESA50 was not returned (good Cause), it's not clear from your post whether this has happened or not?

Have you been able to confirm whether the DWP have now received your ESA50 or is it still missing?

Gordon

franny66 wrote:

Firstly, thanks for answering Gordon. Im in the support group and it was one these 6 month reviews. I have no certificate of posting, yes they have it now but it came 3 days late..

Unfortunately, there is no simple solution to this.

You can lodge an appeal, see

How to submit an appeal

Given the timescales, it is difficult to see how the DWP could have asked you to provide Good Cause for the delay in returning the form, this being the case, and the form having been accepted as returned (albeit late), then the Decision Maker should allow the process to continue, as per the Decision Makers Guide, paragraph 42232.

However, what they should do and what they actually do can be quite different.

If you can I would seek face to face advice, a well worded letter from a welfgare rights officer may be able to get this decision overturned without further action. See

Where to get advice?

Gordon

franny66 wrote:

Decision Maker should allow the process to continue what does that mean please Gordon...does it mean they will accept the accept form now and I have to do nothing? Or do I have to appeal..its very confusing the DWP says I have to appeal.

Yes and no.

The guidance for Decision Makers says that if the the ESA50 is received before they have made a decision on whether to accept the claimants Good Cause for it being late, then they should accept that the ESA50 has been returned and allow the assessment process to continue.

However, as they have stopped your payments they have not followed this guidance and you need to appeal the Decision.

My comment was that a good WRO, by contacting the DM, may be able to fattrack this situation and get your claim re-instated.

Good luck

Gordon