lost esa form

my son who has uncontrolled epilepsy filled in the second questionnaire from atos .returned it on the 17th june 2013 had to be returned by the 3rd july 2013 .received a letter today the 12th july 2013 saying they have not received it so his esa will stop and will be fit for work .he is very stressed out about the situation .he was placed in the wrag group 2 years ago and it stated that he was unable to work in the longer trem .we dont know what we do next .reading on the internet this is becoming a regular problem even if it is recorded delivery they do not always get it .i just used the normal mail .do we have a right to appeal and who do contact .i think next time any forms i will send will be registered letter .i am going to write to my mp something is wrong when you cant even trust the royal mail i have read it all atos mail goes to a sorting office and they open the mail is this true

pamela wrote: my son who has uncontrolled epilepsy filled in the second questionnaire from atos .returned it on the 17th june 2013 had to be returned by the 3rd july 2013 .received a letter today the 12th july 2013 saying they have not received it so his esa will stop and will be fit for work .he is very stressed out about the situation .he was placed in the wrag group 2 years ago and it stated that he was unable to work in the longer trem .we dont know what we do next .reading on the internet this is becoming a regular problem even if it is recorded delivery they do not always get it .i just used the normal mail .do we have a right to appeal and who do contact .i think next time any forms i will send will be registered letter .i am going to write to my mp something is wrong when you cant even trust the royal mail i have read it all atos mail goes to a sorting office and they open the mail is this true

Hi p,

Do you have any proof of posting at all ?

Did you keep a copy of the ESA50 ? if you did, you could contact The DWP, and explain that it was returned, and that you have a copy that you can send ASAP.

They are supposed to make allowances for non return of an ESA50 where the claimant has Mental Health conditions, I don't know whether they would include epilepsy.

This could turn out to be difficult to sort out. If you are to ring the DWP on the Benefits Office 0845 number on any letters, you will only speak to a call responder in a call centre. You should request an escalation to a Manager or Superviser, which will involve a call-back.

You could try contacting Royal Mail to see whether they can help.

Your M.P. may also be supportive :

Contacting your MP

Sending Documents to the DWP or ATOS

Where to get advice?

If you can show Good Cause for ATOS not receiving the ESA50, and that you took all reasonable steps to ensure that it was returned by the deadline, this may help.

It may be more difficult, as your son has been found fit for work on a technicality, rather than as the result of a face to face assessment.

How long do I have to complete the ESA50?

bro58