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DWP letter

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7 years 4 months ago #173905 by the seeker
DWP letter was created by the seeker
I have just received a letter from the DWP, stating that they wrote to me requesting further evidence of why I missed an appointment for a medical, and as I did not reply that have closed my claim. I wrote to them them prior to this as I was obtaining the evidence which I now have, and there would be a delay. I did not receive the second DWP letter asking for further evidence. surely they must allow for a letter to go astray on occasion. I have always replied to their letters, so why would I ignore one of such importance? Is there anything I can do?

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7 years 4 months ago #173908 by Gordon
Replied by Gordon on topic DWP letter

the seeker wrote: I have just received a letter from the DWP, stating that they wrote to me requesting further evidence of why I missed an appointment for a medical, and as I did not reply that have closed my claim. I wrote to them them prior to this as I was obtaining the evidence which I now have, and there would be a delay. I did not receive the second DWP letter asking for further evidence. surely they must allow for a letter to go astray on occasion. I have always replied to their letters, so why would I ignore one of such importance? Is there anything I can do?


I am afraid the DWP can legally take the position that a letter correctly addressed and sent will be received, it's down to the claimants to prove that it was not.

All you can do is send in this evidence and ask for them to review it.

Without your admitting defeat on this process, you can still go to appeal, it might be worth your considering making a new claim for ESA, if the matter is resolved in your favour then the DWP can merge the two claims back into one.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #174151 by the seeker
Replied by the seeker on topic DWP letter
Thanks for your help. It seems mad that they can say this, do they not have to prove that the letter was sent? I am appealing on some other points anyhow. Last question, don't I have to wait 12 weeks before claiming again?

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7 years 4 months ago #174213 by Gordon
Replied by Gordon on topic DWP letter

the seeker wrote: Thanks for your help. It seems mad that they can say this, do they not have to prove that the letter was sent? I am appealing on some other points anyhow. Last question, don't I have to wait 12 weeks before claiming again?


I am afraid that there is case law that supports the DWP position.

There's no waiting time, you can make a new claim immediately.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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