365 done for CB ESA so onto IB ESA this very day

Gordon wrote: mrjohnno

My concern is that we have heard of a lot of cases where this has been done and the claimant has then had their ESA stopped for not returning the form on time, I am not convinced that the Call Centre staff have authority to extend the completion date, a letter should mean that someone with more authority has looked at it.

I would contact ATOS and tell them that your return date has been extended and why and the DWP for written confirmation, at least that way you are covering the bases.

Gordon

OK. Will advise on outcome.

mrjohnno wrote:

Gordon wrote: mrjohnno

My concern is that we have heard of a lot of cases where this has been done and the claimant has then had their ESA stopped for not returning the form on time, I am not convinced that the Call Centre staff have authority to extend the completion date, a letter should mean that someone with more authority has looked at it.

I would contact ATOS and tell them that your return date has been extended and why and the DWP for written confirmation, at least that way you are covering the bases.

Gordon

OK. Will advise on outcome.

Done that so ATOS, the DWP and as previously stated JC+ accepted. Got a letter a few days back from JC+ saying they are suspending payment because I had not filled in the form which was admittedly sent in error on 3rd December.

I have previously mentioned actions I take in cases like this but in circumstances like this I do take action and con only share with people what I have done and what I do/ am doing. This is not legal advice in any way at all nor should it ever be considered as such but what can I do except share nothing?

So, I spoke to all three entities and got nowhere other that speak to this person etc. etc. 7 hours later I had had enough so spoke to my lawyer in the UK who phoned the JC+ the next morning and after a sort time was put through (transferred and not given a number to call) to the DWP, within minutes it was accepted I had a legal right to an additional 30 days to fill in the form ESA50LP because the original had been in the wrong sized print. I requested him not no argue the point about it being sent in error in the first place which upon reflection was was not a good idea because it would be interesting to hear what was said.

I don't know what to say really. This is what I am doing and this is how things are turning out FOR ME.

Also... Filling out the PDF is acceptable at least for me.

Johnno

As Gordon pointed out you are not the only person whom this has happened to. I suppose you are lucky to have access to legal representation, unfortunately most of our members will not have such access.

Puccalove wrote: As Gordon pointed out you are not the only person whom this has happened to. I suppose you are lucky to have access to legal representation, unfortunately most of our members will not have such access.

With massive reduction on legal aid even less so in the future.

The point of my post is that it is there if you try. I got lazy after 7 hours which is why I went to my retaining lawyer but there is no doubt in my mind I could have done it myself. Never give up.... ever.

Not worth posting but if the call centre staff send out another form in LP as in my case then the 30 days are legally binding as I was already called as an LP recipient. Hence I won.