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RE: NOT RETURNING ESA50 URGENT
- maryo
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11 years 10 months ago - 11 years 10 months ago #108239 by maryo
RE: NOT RETURNING ESA50 URGENT was created by maryo
I wonder could you help me gain any insight or advice regarding ESA.
I am being transferred from Incapacity and have an ESA50 to complete,I was wondering what happens if you dont complete and return form?,how long will you recieve benefits as I beleive they are paid in arrears,does that mean you get two weeks after the due date of form?
I have mental ill health and am finding this all too much to cope with.
I have very little support due to cutbacks affecting organisations and support systems previously in place.In addition to this there is a sign at doctors refusing to assisst in benefit support letters/statements etc.
I may also be pregnant.
Thankyou.
I am being transferred from Incapacity and have an ESA50 to complete,I was wondering what happens if you dont complete and return form?,how long will you recieve benefits as I beleive they are paid in arrears,does that mean you get two weeks after the due date of form?
I have mental ill health and am finding this all too much to cope with.
I have very little support due to cutbacks affecting organisations and support systems previously in place.In addition to this there is a sign at doctors refusing to assisst in benefit support letters/statements etc.
I may also be pregnant.
Thankyou.
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago - 11 years 10 months ago #108245 by Gordon
Please think very carefully before going down this route, if your claim is closed it may not be possible for you to reclaim ESA unless you qualify for Income Related ESA which is dependant on your household income, assets and savings and any hours that a partner might work, and even if you do, you will lose any Transitional Protection you might have received, and potentially may not get as much as you would if you had transferred.
Have you looked at our ESA Claim guides, these may make it easier for you to complete the form and return it.
www.benefitsandwork.co.uk/help-for-claimants/esa
If you do fail to return the ESA50 by the required date, then I would expect you to receive another fortnight's IB before your claim is closed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic RE: NOT RETURNING ESA50 URGENT
marie wrote: I wonder could you help me gain any insight or advice regarding ESA.
I am being transferred from Incapacity and have an ESA50 to complete,I was wondering what happens if you dont complete and return form?,how long will you recieve benefits as I beleive they are paid in arrears,does that mean you get two weeks after the due date of form?
I have mental ill health and am finding this all too much to cope with.
I have very little support due to cutbacks affecting organisations and support systems previously in place.In addition to this there is a sign at doctors refusing to assisst in benefit support letters/statements etc.
I may also be pregnant.
Thankyou.
Please think very carefully before going down this route, if your claim is closed it may not be possible for you to reclaim ESA unless you qualify for Income Related ESA which is dependant on your household income, assets and savings and any hours that a partner might work, and even if you do, you will lose any Transitional Protection you might have received, and potentially may not get as much as you would if you had transferred.
Have you looked at our ESA Claim guides, these may make it easier for you to complete the form and return it.
www.benefitsandwork.co.uk/help-for-claimants/esa
If you do fail to return the ESA50 by the required date, then I would expect you to receive another fortnight's IB before your claim is closed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.
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- Steph
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11 years 10 months ago - 11 years 10 months ago #108255 by Steph
Replied by Steph on topic RE: NOT RETURNING ESA50 URGENT
I am in a similar situation because i got sent the ESA50 to complete when I was very ill and was bedbound for over 3 weeks so I phoned the Social Security Agency and spoke to someone on the ESA assessment team [the call was recorded and he gave me his name and made a note of my situation on his computer system] but he was very reassuring and said that although he couldn't give an extension he said to simply describe the problems I had [which I outlined to him so they will be recorded] in the section of the form explaining why it is being submitted late - he said that I would have good cause and not to worry - and when I asked him if my benefits would be sanctioned he said that would only happen if the form wasn't returned for something like 3 months. Now I am worried that he might have given me inaccurate information and that my claim will be discontinued.
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #108260 by Gordon
There is a lot of variation in this area, we know of members who's form was three days late who have had their claim closed others where several weeks have elapsed, but not longer than this, unless the claimant is known to have severe mental health issues when ATOS may accept that the failure to return is part of the claimants issues, and proceed to the assessment phase.
I am afraid that the suggestion that it can be as late as three months, is very, very, optimistic.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic RE: NOT RETURNING ESA50 URGENT
Steph wrote: I am in a similar situation because i got sent the ESA50 to complete when I was very ill and was bedbound for over 3 weeks so I phoned the Social Security Agency and spoke to someone on the ESA assessment team [the call was recorded and he gave me his name and made a note of my situation on his computer system] but he was very reassuring and said that although he couldn't give an extension he said to simply describe the problems I had [which I outlined to him so they will be recorded] in the section of the form explaining why it is being submitted late - he said that I would have good cause and not to worry - and when I asked him if my benefits would be sanctioned he said that would only happen if the form wasn't returned for something like 3 months. Now I am worried that he might have given me inaccurate information and that my claim will be discontinued.
There is a lot of variation in this area, we know of members who's form was three days late who have had their claim closed others where several weeks have elapsed, but not longer than this, unless the claimant is known to have severe mental health issues when ATOS may accept that the failure to return is part of the claimants issues, and proceed to the assessment phase.
I am afraid that the suggestion that it can be as late as three months, is very, very, optimistic.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- slugsta
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11 years 10 months ago #108262 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic RE: NOT RETURNING ESA50 URGENT
This sounds to me to be another instance of poor advice given by poorly trained call handlers! 
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- Steph
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11 years 10 months ago #108263 by Steph
Replied by Steph on topic RE: NOT RETURNING ESA50 URGENT
I am aiming to get mine back by this Thursday which will be 6 days late and is the best I will be able to manage - am really really pushing things with my illness and am becoming more and more ill with each attempt I make to complete it so all I can do is my best and hope that the 6 days later plus a good explanation will be enough
Steph
Steph
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