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ESA stopped despite prolonged WCA form via phone

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7 years 1 week ago #186878 by Gracey22
I need urgent advice if anyone can please offer me.

It's that time of year again, where my father's ESA needs to be reviewed.

We were given until 29 March to send in the WCA questionnaire and sent a reminder on the 20 March.

I realised that I was unable to meet this deadline for my father, for personal reasons. So, I had called the number they have provided for contact if this deadline can't be met, on the 23 March. I spoke to an operator who after giving my explanation, agreed to give me an extended deadline till 5 April and said he had changed it on the system.

I have his name, but was never sent a written confirmation :(

I received a letter in the post today, dated 4 April, that ESA will be terminated after our recent final payment of 20.45GBP. This is because I didn't send in the WCA question by the stated letter date.

We have sent in the WCA, by the new deadline date 5th April (tracked delivery etc).

Please can someone advise me as I'm really stressed about this. How can they tell me its approved and changed on the system in the call at 23 March but send me a dated letter on 4 April not mentioning the call at all. What should I do :( Could they deny ever recieving the call?

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7 years 1 week ago #186879 by Gordon
Gracey

First the good news, as the ESA50 should now be in the hands of those who need to have it the DWP should be able to restart the claim and continue with the assessment. You will need to contact the DWP to confirm that they have the form.

However, if they do not then you need to make a Subject Access Request for a copy of the recording of the phone call. See

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

and then request a Mandatory Reconsideration of the Decision to close your Father's claim.

The problem derives from the fact that no extensions are available for the completion of the ESA50, the person you talked to exceeded their authority by offering you one.

Gordon

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