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NOT ENTITLED TO ESA BUT NEVER RECEIVED ANY FORMS
- Vector100
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11 years 11 months ago - 11 years 11 months ago #104988 by Vector100
NOT ENTITLED TO ESA BUT NEVER RECEIVED ANY FORMS was created by Vector100
Hi everyone, Last week i received a letter from Jobcentre Plus (Glasgow) informing me that i was not entitled to EAS because i had not filled the limited capability for work questionaire they claim they sent me, to the day i have never received anything until this letter.
I have been receiving incapacity benefit and income support since 1992.
I am sending in an appeal would i just write the above that i haven't received anything also they want me to make a new claim online but i'm not too sure i would answer the questions adequetly and really need time to review all the questions any help or advise would be would be great.
Steve
I have been receiving incapacity benefit and income support since 1992.
I am sending in an appeal would i just write the above that i haven't received anything also they want me to make a new claim online but i'm not too sure i would answer the questions adequetly and really need time to review all the questions any help or advise would be would be great.
Steve
Last edit: 11 years 11 months ago by Gordon.
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- Gordon
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11 years 11 months ago #104992 by Gordon
I would strongly recommend that you get face to face advice, see
Where to get advice?
It can be very difficult to prove that the DWP have not sent letters to a claimant, slightly easier for ATOS, who would have sent the ESA50, but still very difficult.
I am afraid as this a technical failure, you are not entitled to payment during an appeal until you attend a WCA or six months have passed from the date of the letter you have received.
You should certainly appeal, but can also make a new claim for ESA to run in parallel, this will likely be the fastest way to re-instate some level of payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic NOT ENTITLED TO ESA BUT NEVER RECEIVED ANY FORMS
Vector100 wrote: Hi everyone, Last week i received a letter from Jobcentre Plus (Glasgow) informing me that i was not entitled to EAS because i had not filled the limited capability for work questionaire they claim they sent me, to the day i have never received anything until this letter.
I have been receiving incapacity benefit and income support since 1992.
I am sending in an appeal would i just write the above that i haven't received anything also they want me to make a new claim online but i'm not too sure i would answer the questions adequetly and really need time to review all the questions any help or advise would be would be great.
Steve
I would strongly recommend that you get face to face advice, see
Where to get advice?
It can be very difficult to prove that the DWP have not sent letters to a claimant, slightly easier for ATOS, who would have sent the ESA50, but still very difficult.
I am afraid as this a technical failure, you are not entitled to payment during an appeal until you attend a WCA or six months have passed from the date of the letter you have received.
You should certainly appeal, but can also make a new claim for ESA to run in parallel, this will likely be the fastest way to re-instate some level of payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- bro58
11 years 11 months ago - 11 years 11 months ago #104996 by bro58
Replied by bro58 on topic NOT ENTITLED TO ESA BUT NEVER RECEIVED ANY FORMS
Hi V100,
As Gordon advises, you need professional advice.
There is a legal presumption that if The DWP/ATOS can prove that they posted out The ESA50 (or any correspondence) then the claimant must have received it.
If you have been sent an ESA50, then by law, you should have also been posted a reminder around 7 days before the dead line return date.
Your first step would be to ask DWP/ATOS to provide administrative evidence that the ESA50 and Reminder Letter were in fact posted to you, with your correct name and address.
It may also help, if you can prove that you have previous history of post going missing.
Here is a rightsnet thread on this subject :
www.rightsnet.org.uk/forums/viewthread/4275/
bro58
As Gordon advises, you need professional advice.
There is a legal presumption that if The DWP/ATOS can prove that they posted out The ESA50 (or any correspondence) then the claimant must have received it.
If you have been sent an ESA50, then by law, you should have also been posted a reminder around 7 days before the dead line return date.
Your first step would be to ask DWP/ATOS to provide administrative evidence that the ESA50 and Reminder Letter were in fact posted to you, with your correct name and address.
It may also help, if you can prove that you have previous history of post going missing.
Here is a rightsnet thread on this subject :
www.rightsnet.org.uk/forums/viewthread/4275/
bro58
Last edit: 11 years 11 months ago by bro58.
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