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ESA and Pancreatic Cancer PLEASE HELP

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6 years 9 months ago #193803 by Leste
I wonder if someone could help me because I definitely need it......my husband of 41 years was diagnosed with inoperable Pancreatic Cancer on June 12th of this year, after we had taken him into A & E on the 29 May this year (our 41st wedding anniversary) with Jaundice and excess fluid in his abdomen (a side effect of his previously diagnosed decompensated Cirrhosis of the Liver).

An ESA Reassessment form arrived and I filled it in with help from your guides and sent in a covering letter as my husband's main carer and included all the medical evidence. The form was due into Maximus on May 10th...I sent it on May 8th by Royal Mail Guaranteed Next Day Delivery by 1pm. This was addressed to the Wolverhampton Sorting Office. As I could track it and it had to be signed for. I was constantly checking on the progress of it........and low and behold, when I telephoned Maximus direct on May 10th, it had not been received by them and they told me to wait until the following day and phone again, to see whether they had received it. I telephoned again, the following day and it had not been delivered.

The Royal Mail tracking showed that it had been collected from the Post Office, however, from that point, no further tracking information was provided and it was never delivered to Maximus.

So, seen as I had made a copy of the ESA form, all the medical evidence and the covering letter, I forwarded this to Maximus with a 2nd covering letter, explaining the situation and also sending them a copy of the Post Office receipt for the original ESA form, evidence and covering letter.......again by Guaranteed Next Day Delivery by 1pm. Which duly arrived to them.

When my husband was diagnosed with inoperable Pancreatic Cancer and he was discharged, I sent to Maximus a copy of his Clinical Discharge Notes confirming his diagnosis on June 12th. They kept hold of this until June 23rd then sent it back to the DWP to the Decision Maker, who has had it since then without making a decision, despite me making a number of calls and advising them of his condition and being told.....'We know about his condition, but the Decision Maker has a back log and it will be at least another several weeks'. I'm upset, angry and stressed out by the insensitivity and even told them 'he might be dead by then'; their answer to that was 'well that's not my problem'.

His Oncologist has given him between 3 months and 1 year to live and he starts his Chemo tomorrow. Only about 20% of Inoperable Pancreatic Sufferers survive over a year, but because of his co-morbidities, his survival rate is about 7 to 8 months, and the Chemo treatment may extend it by another couple months, but that is not guaranteed.

When we see the Oncologist tomorrow, should I ask for a DS1500?

I have already informed our local MP of the situation

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6 years 9 months ago #193804 by Gordon
Replied by Gordon on topic ESA and Pancreatic Cancer PLEASE HELP
Leste

Did your GP complete page 24 of the ESA50?

I'm sorry if this is indelicate, for a DS1500 to be issued there has to be a reasonable expectation of death within 6 months, so his Oncologist may be unwilling to issue this form at this time.

Unfortunately, all of these situations require a Decision Maker to look at your form. Page 24 being completed or a DS1500 being issued should prioritise his claim. That said they appear to have had it for nearly four weeks which I consider to be an unreasonable time if the form has been prioritised.

What is your MP doing?

You can try calling again and ask to speak to a manager, this usually requires a call back.

Gordon

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

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6 years 9 months ago #193806 by Leste
Replied by Leste on topic ESA and Pancreatic Cancer PLEASE HELP
Thank you Gordon for your prompt reply, his GP did not complete any part of the form, as his Pancreatic Diagnosis was made well after the time I sent in his ESA Reconsideration.

I will try and persuade his Oncologist to issue a DS1500 tomorrow and will phone the DWP and send it in directly to them (not via the Wolverhampton Sorting Office)

I will let you know of the progress of his ESA claim.

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6 years 9 months ago #193831 by Gordon
Replied by Gordon on topic ESA and Pancreatic Cancer PLEASE HELP
Leste

In that case his claim is being is being treated as a normal one with no additional priority.

Gordon

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

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