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ESA sent late due to it been lost in the post
- franny66
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12 years 8 months ago - 12 years 8 months ago #90946 by franny66
Replied by franny66 on topic Re:ESA sent late due to it been lost in the post
An update we are awaiting the Deciding officer to make a decision as form has now reached the DWP from Atos....You have to ring the DWP to get them too look at it gain otherwise they will not. If this fails I have to appeal. What chances have I Gordon please? It seems Atos does not keep these forms very long at all. What do they really is it to make recommendations or?
Last edit: 12 years 8 months ago by slugsta.
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- bro58
12 years 8 months ago - 12 years 8 months ago #90951 by bro58
Replied by bro58 on topic Re:ESA sent late due to it been lost in the post
franny66 wrote:
Yes, that is correct f66.
The ATOS HCP's make recommendations to the DWP Decision Maker.
It is the DWP DM who actually makes the decision.
Just to add that you can request a reconsideration, as you say, "ask them to look at it again". However, we always advise that an appeal is lodged straight away, as an automatic reconsideration then takes place anyway.
So appealing only involves one action by the claimant, where as if you ask for a reconsideration, if the reconsideration does not go in your favour, you then have to appeal as a seperate issue. (two actions)
Have a look at the ESA Appeals Guide, here :
ESA Guides
And our :
Appeals FAQ’s
bro58
An update we are awaiting the Deciding officer to make a decision as form has now reached the DWP from Atos....You have to ring the DWP to get them too look at it gain otherwise they will not. If this fails I have to appeal. What chances have I Gordon please? It seems Atos does not keep these forms very long at all. What do they really is it to make recommendations or?
Yes, that is correct f66.
The ATOS HCP's make recommendations to the DWP Decision Maker.
It is the DWP DM who actually makes the decision.
Just to add that you can request a reconsideration, as you say, "ask them to look at it again". However, we always advise that an appeal is lodged straight away, as an automatic reconsideration then takes place anyway.
So appealing only involves one action by the claimant, where as if you ask for a reconsideration, if the reconsideration does not go in your favour, you then have to appeal as a seperate issue. (two actions)
Have a look at the ESA Appeals Guide, here :
ESA Guides
And our :
Appeals FAQ’s
bro58
Last edit: 12 years 8 months ago by bro58.
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- franny66
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12 years 8 months ago #91168 by franny66
Replied by franny66 on topic Re:ESA sent late due to it been lost in the post
Just an update, the DM has not looked at my returned ESA form yet...so I have to appeal as well, time is running out, I'm told I need a doctors sick note for the appeal. Whats the reason behind this I have lupus (SLE) it never goes away. I take 20 pills a day. These people would make you insane
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- Gordon
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12 years 8 months ago #91177 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA sent late due to it been lost in the post
franny66 wrote:
Gordon
You will have been declared Fit for Work (albeit techinically), the DWP cannot pay the ESA Assessment rate unless your GP declares you Unfit for Work, which is why the Fit Note is required.Just an update, the DM has not looked at my returned ESA form yet...so I have to appeal as well, time is running out, I'm told I need a doctors sick note for the appeal. Whats the reason behind this I have lupus (SLE) it never goes away. I take 20 pills a day. These people would make you insane
Gordon
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- franny66
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12 years 8 months ago #91380 by franny66
Replied by franny66 on topic Re:ESA sent late due to it been lost in the post
Another update, the DM will not look at my late ESA Form until the end of week, the DWP rang me bright and early this morning to inform me of this useful piece of info, I honestly thought it was a decision. They also told me that if the decision is negative, my new appeal date will be from then and not the previous date of the first letter telling me that I'm fit for work. Now Gordon...Is this case? Can I believe them? Should I stick to appealing within my first date? And so the circus continues with my life and other peoples lives...
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- Gordon
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12 years 8 months ago #91384 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA sent late due to it been lost in the post
franny66 wrote:
That said, as far as I can see you are still within the one month allowed to lodge an appeal, and I am sure if there is an adverse Decision at the end of the week, you would likely want to appeal this at the earliest opportunity anyway, so timescales should not be a problem.
Gordon
I am guessing, as I obviously do not have sight of any of the paperwork, but based on your posts, the original adverse decision was the you had not returned the ESA50, now that they have acknowledged receipt of the form, any further Decision must be on whether it was late or not, and will therefore constitute a new Decision.Another update, the DM will not look at my late ESA Form until the end of week, the DWP rang me bright and early this morning to inform me of this useful piece of info, I honestly thought it was a decision. They also told me that if the decision is negative, my new appeal date will be from then and not the previous date of the first letter telling me that I'm fit for work. Now Gordon...Is this case? Can I believe them? Should I stick to appealing within my first date? And so the circus continues with my life and other peoples lives...
That said, as far as I can see you are still within the one month allowed to lodge an appeal, and I am sure if there is an adverse Decision at the end of the week, you would likely want to appeal this at the earliest opportunity anyway, so timescales should not be a problem.
Gordon
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