MY ESA FORMS DIDN'T ARRIVE-SENDING ME FOR MEDICAL

Hi. I've been on Incapacity & Income Support for over 15yrs (I'm 41yrs), I suffer from M.E., plus various other debilitating conditions. I had my telephone call from DWP/JobCentrePlus in mid December explaining they would be sending me my forms for ESA, that if I hadn't received them by Jan 11 2013, to give them a call. Yesterday I received a letter stating they sent me the forms on the 13 December and I had until 15 Jan to return them - I hadn't received them. So I called them. I was put through to the wrong department so my info was sent by email to the right department and I was waiting for a call back.
They called this afternoon, while I had to go back to bed. My mom took the call, and they informed her that there wasn't any point sending out new forms as they would be sent 2nd class and would probably not get to me for me to fill in and send back by the 15th, so they have decided to send me straight for a medical & are sending me out an appointment.
I wouldn't have accepted this & asked why they can't extend my date to return the forms, but sadly as I didn't take the call, the ball has been put in motion.
WHAT ARE MY OPTIONS NOW?
CAN I CALL THEM TOMORROW AND ARGUE THE POINT?
WILL I NEED REPRESENTATION AT THE MEDICAL?
I struggle desperately with my memory so I am very worried I won't get my point across at a Medical and forget a tonne of information.
I feel sick with worry now, so I would be extremely grateful for any advice.
Thanks.
Dea.

Dea332 wrote: Hi. I've been on Incapacity & Income Support for over 15yrs (I'm 41yrs), I suffer from M.E., plus various other debilitating conditions. I had my telephone call from DWP/JobCentrePlus in mid December explaining they would be sending me my forms for ESA, that if I hadn't received them by Jan 11 2013, to give them a call. Yesterday I received a letter stating they sent me the forms on the 13 December and I had until 15 Jan to return them - I hadn't received them. So I called them. I was put through to the wrong department so my info was sent by email to the right department and I was waiting for a call back.
They called this afternoon, while I had to go back to bed. My mom took the call, and they informed her that there wasn't any point sending out new forms as they would be sent 2nd class and would probably not get to me for me to fill in and send back by the 15th, so they have decided to send me straight for a medical & are sending me out an appointment.
I wouldn't have accepted this & asked why they can't extend my date to return the forms, but sadly as I didn't take the call, the ball has been put in motion.
WHAT ARE MY OPTIONS NOW?
CAN I CALL THEM TOMORROW AND ARGUE THE POINT?
WILL I NEED REPRESENTATION AT THE MEDICAL?
I struggle desperately with my memory so I am very worried I won't get my point across at a Medical and forget a tonne of information.
I feel sick with worry now, so I would be extremely grateful for any advice.
Thanks.
Dea.

Hi Dea, and : Welcome to Benefits and Work

Sorry to hear of your problems regarding the ESA50, there is no legislation to allow for an extension to the 4 weeks allowed to fill in and return the ESA50, see :

How long do I have to complete the ESA50?

This has happened to other members, in that they never received an ESA50, and as the 4 week limit passed without them knowing, their file was sent back to the DWP Decision Maker.

They are supposed to make allowances for people not returning their ESA50 on time if the claimant has mental health issues. However, in your case you never received it, to return it on time.

An option may be to download the PDF version ESA50 from this page :

Using The PDF Version Of The ESA50 Questionnaire

Then you could try and fill it in and return it by the 15/01/13, using guaranteed next day delivery if you have it completed in time.

You should refer to our : ESA Claims Guides 3rd and 4th links down to help you fill the form in.

It may also help to review our : ESA FAQ’s

I would also send an e-mail to ATOS at : This email address is being protected from spambots. You need JavaScript enabled to view it. , informing them in writing exactly what has happened, and that you intend to use the PDF version, and return it ASAP.

You could also copy the DWP in on a your E-mail, by sending copy to the benefits office that deals with you, see : Sending Documents to the DWP or ATOS

You may also wish to make your M.P. aware of this, see : Contacting your MP

All that ATOS have to prove is that they posted it to you at the correct address, therefore you could ask for written verification of this, if you have any further problems.

If you feel that you cannot adequately fill in the ESA50 in time, again, I would put this in writing, by e-mail, and post the ESA50 back, ASAP. Take copy along to the face to face assessment, and also post a copy to The DWP ESA Decision Maker at the address that deals with your benefits. You can always send further info if you can get it, such as a letter of support from your G.P. to the same ATOS address. (and the DWP DM) Again, if necessary you could take along a copy to the face to face and present it to the ATOS HCP before the assessment begins.

See also : ESA50 too big for the envelope

If after digesting all the above you have any further queries, please repost on this topic.

bro58

Hi G,

Are we not tagging posts by hitting edit any more to indicate that you intend to answer it ?

As this is the third time this has happened today.

Or are you just being naughty

bro58

Gordon wrote:

bro58 wrote: Hi G,

Are we not tagging posts by hitting edit any more to indicate that you intend to answer it ?

As this is the third time this has happened today.

Or are you just being naughty

bro58

I am, I'm guessing that you must have done so just after me, so you didn't see my edit when you started yours.

This was always going to be a potential problem with three mods on and only a few posts being made.

I don't have a solution that doesn't make moderating more complicated, but if you have any ideas.

Gordon

In that case, I'll let you off G,

I simply wait a bit longer, to see if anyone else tags it, or tag it immediately as I approve it.

bro58