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ESA50 questionnaire still hasn't turned up- update

  • sarannie
  • Topic Author
12 years 8 months ago #91258 by sarannie
Thanks everyone for your help on my query. I wanted to share something weird with you in case it's happened to someone else.
As I wrote previously, I received the intial DWP 'phone call on August 3rd and awaited the dreaded questionnaire which never arrived.
I rang the DWP who sent me just a form in an envelope without any pre-paid envelope, covering letter or even the address to return it to.
I emailed ATOS today (as some kind person on here suggested) to ask for extra time as the original form must have been mislaid in the post 20 days ago and who should I return it to -- they have replied saying they have 'no live referral' for my husband!

Any ideas what this might mean?
Thank you

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  • bro58
12 years 8 months ago - 12 years 8 months ago #91263 by bro58
sarannie wrote:

Thanks everyone for your help on my query. I wanted to share something weird with you in case it's happened to someone else.
As I wrote previously, I received the intial DWP 'phone call on August 3rd and awaited the dreaded questionnaire which never arrived.
I rang the DWP who sent me just a form in an envelope without any pre-paid envelope, covering letter or even the address to return it to.
I emailed ATOS today (as some kind person on here suggested) to ask for extra time as the original form must have been mislaid in the post 20 days ago and who should I return it to -- they have replied saying they have 'no live referral' for my husband!

Any ideas what this might mean?
Thank you


Hi s,

When the DWP decide that a claimant is to be migrated to ESA, they "refer" the claimant to ATOS to carry out the "Medical" side of the WCA.

It is then generally ATOS who send out the ESA50 to the claimant.

Once ATOS have fulfilled their side of the WCA, they will return the necessary documentation to the DWP ESA DM with their recommendations.

It is then upto the DWP DM to decide what award of ESA if any, that the claimant should be given.

I would assume that by ATOS stating that they have "No live referal" they are saying that they have not been instructed to commence the WCA by the DWP, and that would explain why you had not received an ESA50 with supporting documentation and pre-paid return envelope from them.

You really need to gain clarification on this ASAP.

bro58
Last edit: 12 years 8 months ago by bro58.

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12 years 8 months ago #91266 by Gordon
sarannie

It sounds like ATOS have no record of the DWP requiring your husband be transferred from his existing benefit to ESA.

I would suggest you contact the DWP again on Monday to find out what is happening.

With regard the ESA50, I'm not sure what to suggest. If the above is indeed the case, then you should not need to return the ESA50, however, if the fault is with ATOS, then the requirement may still exist.

As it stands today, I would recommend you continue completing the form with the intention of returning it at the earliest opportunity, unless you are notified otherwise, in writing.

Unfortunately, there is no legal mechanism to extend the period for returning the ESA50, although you can certainly argue that you have not received a return date in the first place.

Gordon

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

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12 years 8 months ago #91267 by DRAGON2009
please make sure that when yuou seek clarification you do so in writing and keep at least a certificate of posting
and preferably recorded delivery

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  • bro58
12 years 8 months ago #91271 by bro58
Hi s,

If you are going to start filling the ESA50 in, as Gordon advises, as it will certainly do no harm, what ever happens, you may wish to consider using the PDF ESA50 instead, see :

Using The PDF Version Of The ESA50 Questionnaire

ESA50 too big for the envelope

Sending Documents to the DWP or ATOS

bro58

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