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Thread: Sending my Esa50 late, I rang the dwp and they told me not to worry?

  1. #1

    Sending my Esa50 late, I rang the dwp and they told me not to worry?

    I’ve been having a really bad time with my mental health and I received my esa50 form for renewal. It’s an existing claim with both physical and mental health issues. In the midst of everything I thought the return date was the 14th if March and I rang up explaining it may be late. She told me not to worry because I’m flagged up as having mental health issues. After trying to organise myself I realised the form should have been in on the 4th and not the 14th. Cue melt down.

    I have frantically tried to fill it out but I’m just so physically ill and stressed I’ve took longer and won’t be able to send it until tomorrow, the 16t of March.

    I got a payment on the 11t of March,, the woman at dwp told me my money wouldn’t stop, is this true? I’m onicking they will close my claim.

    Obviously I’m goijg to explain on the form what has happened with me having a huge break down in my mental health but as anyone got any advice or experience on this? I’m so upset at myself

    Thank you in advance

  2. #2
    Wiser people than me on here will be able to advise you what your current situation is, but I'd recommend if you're running late again, to ask for a two extension, and make sure they've granted it and get their name, and record the time and date of the call. They normally give them, last time I looked. Perhaps the woman you've spoke to has granted you that without specifically telling you. That should give you to the 18th, but I WOULDN'T take that as a given.

    I'd say phone them back today and ask if you've been given a two week extension, tell them about the other phone call you made, explain everything about your problems again, and if you haven't been given one, ask for it.

    That's my advice, anyway, but I'd wait for more experienced people on here to give their opinions, before taking action. But I'd say you'll definitely need to call them sometime today to get clarification of your situation.

    I'd also send it back some form of recorded/registered delivery, if you can afford it.

    All the best.
    Last edited by aendean; 03-15-2019 at 08:35 AM.

  3. #3
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Nirvana90 View Post
    She told me not to worry because I’m flagged up as having mental health issues.
    That flag will mean that they have you noted as what they call a 'Vulnerable Claimant'.

    This means that special "Safeguarding" processes should be followed before they can even consider stopping your ESA.

    With an ESA50 that means that they should make careful checks as to just why you have not sent it back in time.
    (This can even include coming to visit you at home to help you fill it in).

    Even if you don't send an ESA50 then as a "Safeguarding" measure they just move on to the next stage of the WCA process without the ESA50.

    From their own guidance:
    Failure to return the capability for work questionnaire (also known as ESA50 form) as part of the Work Capability Assessment process

    Potential consequences for the vulnerable claimant if not safeguarded
    Suspension potentially followed by termination of the claim if no form is provided. Requesting, completing, returning, and processing a new form can mean that claimants are without benefit for weeks.

    The safeguarding process
    If a claimant has a 'mental health flag' on their record their case will be automatically referred to the next stage of the Work Capability Assessment (WCA) process
    So while I wouldn't worry too much about sending it late it might be as well to let them know again that you are sending it.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  4. #4
    Do the put a flag on all claimants that are claiming due to MH issues ?

    I really wouldn’t stress about about but I know that’s easier said that done , as others have mentioned just give them a call to make sure the extension is noted on your account and get the advisers name .
    Let us know how it goes .

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