DWP Unfair decision - sudden closure of ESA - change of address

Thank you again, Gordon. Your advice is very clear and helpful, as usual. I have endless admiration for your cool and logical mind. You have calmed me down so much - it's a great help for my state of mind.

Hi ,

I am still fighting for my ESA case, but there is a new development.

My MP have written to DWP and recently got a reply. DWP told blatant lies IN WRITING to my MP. Luckily, I have concrete evidence against their lies.

I am not sure if you still remember details of my case. Allow me firstly brief you my case history:

DWP closed my ESA in January but did not try to contact me until March. Since March, I have sent 8 letters and made 16 calls. The letters I sent including MR request, Written Reasons request, MR notice request and formal complaints.

In the end of May, DWP called to inform me the DM’s decision not to reopen my ESA. Since then I asked for MR notice on the phone 3 times, and wrote 4 letters asking for Written Reasons and MR notice to be posted to me, but I have receive nothing so far. In Jun, my psychiatrist arranged an advocate for me. My advocate called DWP in June and asked them to post the MR notice to his office (locate at the hospital where I receive treatment) and they agreed to do so. Again, nothing has been sent. My advocate called again 2 weeks later only to be told there was no record of my MR request ever existed. And they completely denied ever agreed to providing MR notice. The incidence really annoyed and angered my advocate, so he filed an appeal request to the Tribunal Service on my behalf without the MR notice.

A week ago, I received a letter from the Tribunals Service. It says “As I have been unable to determine the validity of the appeal, I have referred your correspondence to a Tribunal Judge who will provide a decision or direction on this matter”. Does it mean that my appeal request has been lodged? If so, does it mean that I am now entitled to ESA payment? ( I have not made a new claim, and my ESA remains closed.)

Yesterday I received my MP’s letter. He forwarded me DWP’s reply written by a Complaint Resolution Manager on 01/07/16. She claimed that “following an extensive check of our records” there was no letter received from me prior to 16 May. My MR request was sent on 30/03/16, and a written reasons request was sent 2 days after. I have Proof of Delivery by Royal Mail for both posts and the tracking records are still available on Royal Mail’s online tracking system.

Sorry, last post was sent half way during my writing. I have a few questions. First of all, I would like to know if the letter I received from the Tribunals means that my appeal has been lodged, and if so, can I apply for the ESA payment while waiting for the appeal.

Second,

Thank you again, Gordon. Your advice is, as usual, very helpful... but you have pointed out the fact that my poof of posts may not mean anything if DWP wants to continue their tactics. It makes me feel hopeless and drained.

Originally I was to ask a few more questions, but I cried for hours instead.

I don't know if I can carry on ... or if I want to carry on at all.

I am so tired. so lost.