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ESA50 form overdue - no sanctions if MH?
- babooshka2002
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7 years 10 months ago #190195 by babooshka2002
ESA50 form overdue - no sanctions if MH? was created by babooshka2002
I called the benefits office this morning. I was crying on the phone, because I haven't been able to complete my ESA50 form yet (they are reassessing me after getting it last year in ground of severe MH). I'm getting help with filling it in (I have support workers due to numerous physical/mental/cognitive health issues), but it's taking time. It's already passed both the original deadline and the four-week extension I was given. I was so scared of it getting stopped - I have council tax support and housing benefit linked to ESA, and I also claim PIP and I don't know if ESA being stopped would affect that.
I was told today by a very friendly and sympathetic woman that because I was given it last year on the grounds of mental health, they will not stop my benefit. They want me to send the form in of course, but when it's been given for mental health, they won't stop it. They also do not give extensions, that's not even a thing, she said. All that might happen is me being called for a face to face medical asessment, she said. I had expected that anyway so was somewhat confused, but apparently they don't always call people in for a face to face medical assessment, they can make decisions purely on the form sometimes. This has never happened to me either with ESA on when I was Incapacity Benefit/Income Support, but whatever. I will be doing the form anyway, it'll just be late.
Anyway, this totally contrasts with what I was told three weeks ago by a man who called me (I did not call them), who stated that he was giving me a three week extension (his words) and told me that he could stop my benefit right then if he wanted to, but he was choosing to give me the extension. My voice was shaking on the phone to him as well, although I wasn't crying.
Does anybody at the benefits office even know what the policy is? Or was that man choosing to threaten me simply because he could and he was trying to make me do the form by making me feel like my benefit was at risk? He could see exactly the same information that the woman today could, he knew I'd been given it last year due to severe mental health issues. He would also know that there was no such thing as an extension and that mental health sufferers don't get their benefit stopped, if that is indeed the policy.
I could have self-harmed after what he said to me.
Does anybody know what the policy actually is? Or is it a postcode lottery? My benefit delivery centre is in Hull.
I was told today by a very friendly and sympathetic woman that because I was given it last year on the grounds of mental health, they will not stop my benefit. They want me to send the form in of course, but when it's been given for mental health, they won't stop it. They also do not give extensions, that's not even a thing, she said. All that might happen is me being called for a face to face medical asessment, she said. I had expected that anyway so was somewhat confused, but apparently they don't always call people in for a face to face medical assessment, they can make decisions purely on the form sometimes. This has never happened to me either with ESA on when I was Incapacity Benefit/Income Support, but whatever. I will be doing the form anyway, it'll just be late.
Anyway, this totally contrasts with what I was told three weeks ago by a man who called me (I did not call them), who stated that he was giving me a three week extension (his words) and told me that he could stop my benefit right then if he wanted to, but he was choosing to give me the extension. My voice was shaking on the phone to him as well, although I wasn't crying.
Does anybody at the benefits office even know what the policy is? Or was that man choosing to threaten me simply because he could and he was trying to make me do the form by making me feel like my benefit was at risk? He could see exactly the same information that the woman today could, he knew I'd been given it last year due to severe mental health issues. He would also know that there was no such thing as an extension and that mental health sufferers don't get their benefit stopped, if that is indeed the policy.
I could have self-harmed after what he said to me.
Does anybody know what the policy actually is? Or is it a postcode lottery? My benefit delivery centre is in Hull.
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- Gordon
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7 years 10 months ago #190217 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA50 form overdue - no sanctions if MH?
H
It sounds as if they have been trying to help you, but you have been misinformed!
There are no extensions to the time to return the ESA50, the legislation does not allow for this, however, the DWP can accept a late form if they choose to do so.
My recommendation is that you send the form now, completed or not, you can always send more information while you wait for an assessment. There is a real risk that your claim could be closed by your failing to return the form on time and whilst this is an appealable Decision, you would not receive any ESA while your reasons were looked at and an appeal could take many months with no guarantee that a Tribunal panel will accept your reasons.
You can provide the missing information in same general format as the ESA50, sending copies to Maximus and the DWP as soon as you can.
Gordon
It sounds as if they have been trying to help you, but you have been misinformed!
There are no extensions to the time to return the ESA50, the legislation does not allow for this, however, the DWP can accept a late form if they choose to do so.
My recommendation is that you send the form now, completed or not, you can always send more information while you wait for an assessment. There is a real risk that your claim could be closed by your failing to return the form on time and whilst this is an appealable Decision, you would not receive any ESA while your reasons were looked at and an appeal could take many months with no guarantee that a Tribunal panel will accept your reasons.
You can provide the missing information in same general format as the ESA50, sending copies to Maximus and the DWP as soon as you can.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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