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Not Sent ESA Assessment Letter

  • rayisfun@hotmail.com
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6 years 11 months ago #188685 by rayisfun@hotmail.com
Replied by rayisfun@hotmail.com on topic Not Sent ESA Assessment Letter
Thanks for all your help Gordon.

I sent off the SAR letter to Maximus, recorded delivery. I then asked a neighbour in another block on the estate if she had received any letters that weren't for her in the last two weeks. She told me that she did receive a letter about a medical appointment but because the address was unclear she took it over to a tenant in another block. I asked her to write a short note explaining this and she said she would drop it off at my flat. I hope I can contact the other tenant to retrieve the letter. I'm not sure if this will save the day but I hope this was the appointment letter that was delivered to the wrong address. Until I locate it I can't be 100% certain. At least there is evidence that letters do go astray on the estate.

I have a deadline to return the form explaining why I didn't attend the WCA. If I can't gather all the evidence in time should I tell them that on the form and send it to them later?

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6 years 11 months ago #188693 by Gordon
Replied by Gordon on topic Not Sent ESA Assessment Letter
Spectralis

If the DWP have closed your claim then it may not matter when you return the form.

Gordon

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

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6 years 11 months ago #188711 by rayisfun@hotmail.com
Replied by rayisfun@hotmail.com on topic Not Sent ESA Assessment Letter
They are still waiting for me to send back the form explaining why I didn't attend the assessment so they haven't closed my claim yet. I have until next week to send it back. If I don't gather all the evidence by then can I send it after I return the form as long as I let them know I'm going to do this? How can they justify closing my claim if the letter was sent to the wrong address?

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6 years 11 months ago #188723 by Gordon
Replied by Gordon on topic Not Sent ESA Assessment Letter
Spectralis

I'm afraid the DWP operate on the basis that a letter sent is a letter received, despite the fact that the Royal Mail state that they are unable to deliver 100% of the mail successfully.

Return the form on time.

Your best bet at the moment would be for you to chase this other tenant.

Gordon

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6 years 11 months ago #188788 by rayisfun@hotmail.com
Replied by rayisfun@hotmail.com on topic Not Sent ESA Assessment Letter
If the situation is as hopeless as you believe then even if the tenant does write a note explaining the mix up, the DWP will reject it. And if I do locate the letter and it's been sent to the wrong address, the DWP will find a way to blame me and close my claim.

Why aren't there specific warnings about this potential problem on the forum and in the guides? We're encouraged to send all letters by recorded delivery which I have done each time but what can we do to compensate for Maximus and DWP letters going missing? If I had known how serious this problem was then I would have asked someone to phone the DWP as soon as they received my ESA50 form and kept on phoning them everyday until I knew when the WCA appointment was booked. What's the point of relying on any written correspondence from Maximus or the DWP when one misdirected letter can end a claim?

It seems cruelly absurd that a mistake like this can ruin months of preparation for an assessment. Not just my own wasted effort but that of my GP, friends and the CAB.

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6 years 11 months ago #188827 by Gordon
Replied by Gordon on topic Not Sent ESA Assessment Letter
Spectralis

If you will forgive the reference this is about winning the war!

If this other person does have your letter then it would be Good Cause for you not attending and your claim should be restarted, but even if it isn't then you still need to challenge the Decision, Tribunals take a much more even approach to these situations.

Gordon

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