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Thread: Esa claim stopped before medical

  1. #1
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    Esa claim stopped before medical

    Hello

    Could someone please help urgently!

    I applied for esa for arthritis, anxiety and depression and Heart problems. My I esa50 assessment form was due back on 29/12.
    I posted the form on the 22/12 and have today received a P45 and a letter stating my claim has stopped because they didn't receive the form. How is that right?
    No letter asking why
    I know other people who at least received a letter asking why the form had not been received.
    I also feel that as they wanted it back during the busy Christmas Period exceptions should have been made.
    I phoned and even the woman on the phone was surprised they hadn't written asking why they hadn't received it first.
    She is sending out another form and told me to explain my reasons on the form. However in the meantime I get no money.
    I took photos of the pages before I sent the form, but some of them aren't very clear. Does anybody please have any advice on what I should do. I already feel down enough as it is almost a year to the day that I lost my daughter to Cancer. I just don't know how much more I can take...

  2. #2
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    Quote Originally Posted by LisaP48 View Post
    Hello

    Could someone please help urgently!

    I applied for ESA for arthritis, anxiety and depression and Heart problems. My I esa50 assessment form was due back on 29/12.
    I posted the form on the 22/12 and have today received a P45 and a letter stating my claim has stopped because they didn't receive the form. How is that right?
    No letter asking why
    I know other people who at least received a letter asking why the form had not been received.
    I also feel that as they wanted it back during the busy Christmas Period exceptions should have been made.
    I phoned and even the woman on the phone was surprised they hadn't written asking why they hadn't received it first.
    She is sending out another form and told me to explain my reasons on the form. However in the meantime I get no money.
    I took photos of the pages before I sent the form, but some of them aren't very clear. Does anybody please have any advice on what I should do. I already feel down enough as it is almost a year to the day that I lost my daughter to Cancer. I just don't know how much more I can take...
    I last year 2016 found myself in the very same position as yourself, But in my case The CAB case worker who has attended esa and pip appeals for me, filled in the ESA50 and sent it prior to the deadline , they claimed to not of received it ,and even accused me of failing to return it within the timescale given despite then sending a reminder within the first 2 weeks , fortunately the CAB guy had copied the completed ESA50 and had copies of the medical evidence that was sent with it, Like you the first i heard about it was the letter and P45 saying the claim had ended, followed a few days later with a similar letter from the council informing that my housing benefit claim and CT reduction has also ended due to what the DWP had said,
    The CAB used a template letter he had for the exact issue, took them around 4 weeks IIRC to fully reinstate my benefits i couldn't even declare nil income to the council as the ESA claim was stopped that's the vile DWP for you

    Do you have proof of posting? maybe a good idea to see a CAB case worker or welfare rights bod, But in your situation there isn't a lot you can really do about it, they probably won't pay a short term advanced payment until they know it's likely that your claim will be back into payment re opened , the system is a joke

    Best to at least send all correspondence to the DWP etc recorded delivery (to sign for) or at the very least get the free proof of posting from the post office you post it at ,And make copies of everything you send then if they loose or fail to recieve it, you have proof of when you sent it,or in the case of to sign for proof that it was delivered to the handling centre , and copies will be less hastle when it comes to re sending it,
    Last edited by tom34; 01-12-2017 at 03:24 AM.

  3. #3
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    Quote Originally Posted by tom34 View Post
    I last year 2016 found myself in the very same position as yourself, But in my case The CAB case worker who has attended esa and pip appeals for me, filled in the ESA50 and sent it prior to the deadline , they claimed to not of received it ,and even accused me of failing to return it within the timescale given despite then sending a reminder within the first 2 weeks , fortunately the CAB guy had copied the completed ESA50 and had copies of the medical evidence that was sent with it, Like you the first i heard about it was the letter and P45 saying the claim had ended, followed a few days later with a similar letter from the council informing that my housing benefit claim and CT reduction has also ended due to what the DWP had said,
    The CAB used a template letter he had for the exact issue, took them around 4 weeks IIRC to fully reinstate my benefits i couldn't even declare nil income to the council as the ESA claim was stopped that's the vile DWP for you

    Do you have proof of posting? maybe a good idea to see a CAB case worker or welfare rights bod, But in your situation there isn't a lot you can really do about it, they probably won't pay a short term advanced payment until they know it's likely that your claim will be back into payment re opened , the system is a joke

    Best to at least send all correspondence to the DWP etc recorded delivery (to sign for) or at the very least get the free proof of posting from the post office you post it at ,And make copies of everything you send then if they loose or fail to recieve it, you have proof of when you sent it,or in the case of to sign for proof that it was delivered to the handling centre , and copies will be less hastle when it comes to re sending it,
    Thank you for your reply Tom

    I will have to try and get appointment with welfare rights. Asap. I don't understand why you couldn't receive hb with nil income though, I thought anyone could. It may be easier if I get my doctored to say my condition has worsened ( which it has) and put in a new claim. What I don't understand is I know of several people who received a letter from the DWP after their deadline, asking why they hadn't returned the form. Depending on the reason, their payments continued.
    Seems some of us don't even get a chance to do that .
    Even the woman I spoke to one the phone at DWP seemed surprised that I hadn't received this letter...

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    "I don't understand why you couldn't receive hb with nil income though, I thought anyone could"

    Indeed anyone can. Regardless of weather ESA is stopped or not, housing benefit can always be gained on nil income.

    Some councils just don't know the rules entirely. I had a bit of time before I applied for ESA where I was on nil income and applied for housing benefit. They told me if I didn't apply for JSA or ESA soon, they would count it as if I was getting it and adjust HB entitlement accordingly. Completely wrong though.


    "What I don't understand is I know of several people who received a letter from the DWP after their deadline, asking why they hadn't returned the form. Depending on the reason, their payments continued. "

    It can all vary. They say on the form if they don't get the ESA50 back on time, money can be stopped. Weather they act on this or not is a different matter, but there's nothing to say they cant.

  5. #5
    Senior Member nukecad's Avatar
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    You should have had a reminder if they had not received the ESA50.

    The Decision Makers Guidance Vol.8, Ch.42, Paragraphs 42193, 42743, and 42745 all clearly state that Medical Services should send a reminder if the ESA50 is not returned within 3 weeks (28 days).
    Paragraphs 42746 to 42749 set out what the Decision Maker should do if the ESA50 form is not received.
    https://www.gov.uk/government/upload...44/dmgch42.pdf


    Like all benefit decisions you can ask for a Mandatory Reconsideration of the decision to close your claim, (and subsequently appeal to tribunal if needed).

    If you do go for MR then you can quote those paragraphs from the DM guide at them, and ask how you were supposed to know they hadn't got your ESA50 when they didn't send a reminder.

    Proving you didn't get a reminder is a bit tricky, how do you prove you didn't get something?
    However the DM considering your MR should check if a reminder was posted, and probably give you the benefit of the doubt even if their records say it was.

    EDIT. Oops, that should have said DMG Vol.8, Ch.42 - I've changed it.
    Last edited by nukecad; 01-15-2017 at 12:13 PM.
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    Quote Originally Posted by nukecad View Post
    You should have had a reminder if they had not received the ESA50.

    The Decision Makers Guidance Vol.8, Ch.41, Paragraphs 42193, 42743, and 42745 all clearly state that Medical Services should send a reminder if the ESA50 is not returned within 3 weeks (28 days).
    Paragraphs 42746 to 42749 set out what the Decision Maker should do if the ESA50 form is not received.
    https://www.gov.uk/government/upload...44/dmgch42.pdf


    Like all benefit decisions you can ask for a Mandatory Reconsideration of the decision to close your claim, (and subsequently appeal to tribunal if needed).

    If you do go for MR then you can quote those paragraphs from the DM guide at them, and ask how you were supposed to know they hadn't got your ESA50 when they didn't send a reminder.

    Proving you didn't get a reminder is a bit tricky, how do you prove you didn't get something?
    However the DM considering your MR should check if a reminder was posted, and probably give you the benefit of the doubt even if their records say it was.
    Hi

    Thank you to everyone for their replies and advice.

    Just a quick update for anyone in a similar position.

    I took the letter I received stating my esa had been stopped to my local CAB. They advised me to put in a Mandatory Reconsideration, applying for JSA in the meantime.

    However as I was about to do this I really received a call from
    DWP. The lady I spoke to told me I was given the wrong information. She told me my claim had been stopped, but if I filled out another ESA50 form ASAP and took it to the JC and asked if they would scan it, I would have my claim reinstated.

    I did this and received a letter yesterday saying the decision had been reversed. Luckily a friend had a spare form and I had filled it out straight away. However, I am told you can print a copy from the benefitsandwork website. I was told initially that my claim would not be reinstated, but apparently I was given the wrong advice.

    The lady from DWP told me as long as they receive another form, the claim should be reinstated. Thankfully it was.
    I would advise anyone, in a similar position to act fast.
    Phone straight away if you can and explain you returned the form. Get a replacement form and ask your local JC if they can copy/scan the form for you, as it's faster.
    If they refuse, ask them to put it in their internal post as it's faster than Royal Mail.

    This experience has taught me a valuable lesson and I will be obtaining proof of postage for anything I send now.

  7. #7
    Senior Member nukecad's Avatar
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    That sounds like they saw sense for once, checked, and found out they had not sent a reminder so have to give you another chance to send the form.

    Regarding the ESA50 you don't have to go to the B&W site to get one, you can download one direct from gov.uk at his link:
    https://www.gov.uk/government/public...nce-claim-form

    There are 3 versions there, one that you can type into on screen (you need the free Adobe Reader) print off and sign, and 2 that you can print off and fill in with a pen, one in English and one in Welsh.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.

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