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Reasonable cause for late ESA50

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6 years 1 month ago #215700 by Maggie
Reasonable cause for late ESA50 was created by Maggie
Dear Gordon,
Will Maximus/ DWP accept my ESA50 form 2 working days late if its because I need help to fill the form in? The lady can't come until the day it is due in. I also need considerable support because it causes me extreme distress & self harm.
Or would it be safer to explain that I am also ill at the moment and in constant pain, spaced out on opiates? I suppose that would need another doctor's letter.
I'm afraid I'm not well emough to phone them & I don't trust they would give me accurate information. They said I had 12 months until the next WCA & it's only been 9. They've caught me offguard so I haven't got doctor's letters & medical evidence up to date.
Can't keep going through this: I'm unable to keep my health stable.
Thanks
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6 years 1 month ago #215714 by Gordon
Replied by Gordon on topic Reasonable cause for late ESA50
Terrified

It's not an option that I would recommend, the normal procedure if the ESA50 is not returned on time is to return the claimants file to the DWP. The DWP then contact the claimant to find out why the form was not returned.

Providing your form is returned in the gap before the DWP write to you then it should be possible for your claim to continue as normal, but you are going to open yourself to some stress while you wait for the DWP to decide they have had the form.

One thing, it is essential that you send your form using a Tracked post so you have proof of delivery and make sure that you take a copy before you send it, There is a section at the end of the form for you to explain why the form is late.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 1 month ago #215804 by rajrice@hotmail.com
Replied by rajrice@hotmail.com on topic Reasonable cause for late ESA50
@Terrified...
I am a chronic late returner of forms or paperwork....due to my mental health. I fail to return my forms due to my cognatiive neurotypical and my mental health conditions.

Fear not ESA accessors (if Capitia are dealing with this) are not as ridgid or 'jobsworth' about this as ATOS. You have acceptable reasons for a late return. There's actually a BOX on the ESA form, to give reasons for a LATE return of your form.

There are two acceptable "good reasons" for late return of forms to DWP, according to my knowledge and experience:

1) a delay in you being able to access benefits help or advice to help you to complete the form, before the deadline.
(Just provide proof you have appt with advisor after deadline)
2) you are too unwell to do so.
(A GP or a Health Professional should write a letter to confirm this)

As Gordon said, best to get it done, copied and returned enclosing copies of medical evidence and indeed obtaining proof of posting. Some Jobcentres will accept the forms and forward them on......

PS: Re the additional medical evidence you need to obtain. It's prefectly acceptable to say on your form, there's been a delay in further evidence which you intend to forward on.

They will not process your claim untill this is recieved.
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