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ESA Stopped
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6 years 9 months ago #192847 by F
ESA Stopped was created by F
I would be grateful if anyone can offer some advice please. A friend is in receipt of ESA in the support group. It's just over a year since they filled in and returned a WCA form but heard nothing from DWP again until about a month ago when a letter arrived telling my friend that because he hadn't turned up for his medical his ESA would be stopped unless he had a very good reason for not attending.
My friend hadn't received an appointment and wrote at once to inform DWP, he also informed them that since moving house just over a year ago he had experienced a lot of trouble regarding his mail deliveries. Mail was not arriving, being delivered to wrong house etc, this happened at least once a week, it became so bad my friend had registered a complaint with Royal Mail a couple of months previously. A few weeks after he complained he received a bundle of letters (nothing from DWP though) & cover note from Royal Mail to say a Royal Mail employee had been found to be witholding mail. So when he received the DWP letter saying he had missed his assessment he wrote back to tell them that he had hadn't received the appt and he also gave them all the details of his complaint to Royal Mail and a photocopy of the letter from RM regarding the mail being witheld.
He's just received a letter today informing him that his ESA has been stopped, he phoned the number provided and was told that his reasons for not attending the medical were not good enough, they had sent him an appt. He told the person he spoke to that he never received an appointment and she replied well it was sent to you and you can't prove that it didn't arrive. He was told to try the mandatory reconsideration and in the meantime to claim JS.
Does this kind of thing happen a lot? any advice gratefully received.
Thanks for reading
My friend hadn't received an appointment and wrote at once to inform DWP, he also informed them that since moving house just over a year ago he had experienced a lot of trouble regarding his mail deliveries. Mail was not arriving, being delivered to wrong house etc, this happened at least once a week, it became so bad my friend had registered a complaint with Royal Mail a couple of months previously. A few weeks after he complained he received a bundle of letters (nothing from DWP though) & cover note from Royal Mail to say a Royal Mail employee had been found to be witholding mail. So when he received the DWP letter saying he had missed his assessment he wrote back to tell them that he had hadn't received the appt and he also gave them all the details of his complaint to Royal Mail and a photocopy of the letter from RM regarding the mail being witheld.
He's just received a letter today informing him that his ESA has been stopped, he phoned the number provided and was told that his reasons for not attending the medical were not good enough, they had sent him an appt. He told the person he spoke to that he never received an appointment and she replied well it was sent to you and you can't prove that it didn't arrive. He was told to try the mandatory reconsideration and in the meantime to claim JS.
Does this kind of thing happen a lot? any advice gratefully received.
Thanks for reading
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6 years 9 months ago #192860 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Stopped
Macca
I'm afraid this does happen and the DWP rarely revise their Decision even with convincing evidence to support the fact that the invitation did not arrive.
I'm not sure from your post whether he has requested an MR and had a Decision on it or not.
If they haven't then they need to request an MR
If they have then the only way forward is to appeal, but they won't be paid while they wait for a hearing, they can also make a new claim for ESA but again won't receive any benefit. The only thing that will pay at this time is JSA or Universal Credit if they are in a Live area.
In the interim you need to make a Subject Access Request to Maximus for the following;
1. A copy of the missing invitation letter.
2. A copy of your computer record showing the address that they have on file.
3. Proof that the letter was posted by MAximus and when.
You can write a letter to Maximus headed "Subject Access Request", you can find the address from the following.
www.chdauk.co.uk/contact-us
For the appeal they will need to complete an SSCS1 form.
hmctsformfinder.justice.gov.uk/HMCTS/Get...?court_forms_id=3038
Gordon
I'm afraid this does happen and the DWP rarely revise their Decision even with convincing evidence to support the fact that the invitation did not arrive.
I'm not sure from your post whether he has requested an MR and had a Decision on it or not.
If they haven't then they need to request an MR
If they have then the only way forward is to appeal, but they won't be paid while they wait for a hearing, they can also make a new claim for ESA but again won't receive any benefit. The only thing that will pay at this time is JSA or Universal Credit if they are in a Live area.
In the interim you need to make a Subject Access Request to Maximus for the following;
1. A copy of the missing invitation letter.
2. A copy of your computer record showing the address that they have on file.
3. Proof that the letter was posted by MAximus and when.
You can write a letter to Maximus headed "Subject Access Request", you can find the address from the following.
www.chdauk.co.uk/contact-us
For the appeal they will need to complete an SSCS1 form.
hmctsformfinder.justice.gov.uk/HMCTS/Get...?court_forms_id=3038
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 9 months ago #192877 by F
Replied by F on topic ESA Stopped
Gordon, many thanks for your reply & the advice given, it's greatly appreciated.
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6 years 4 months ago #202773 by F
Replied by F on topic ESA Stopped
Just to update on this post. My friend had his MR turned down and after months of waiting eventually had an appeal hearing yesterday.
I'm delighted to say that the appeal went in his favour. The evidence that the DWP deemed not good enough at his MR was found acceptable to the judge at the appeal hearing. The relief for my friend is enormous and hopefully his ESA will soon be reinstated after six months without a penny.
Good luck and very best wishes to anyone who is going through anything similar.
I'm delighted to say that the appeal went in his favour. The evidence that the DWP deemed not good enough at his MR was found acceptable to the judge at the appeal hearing. The relief for my friend is enormous and hopefully his ESA will soon be reinstated after six months without a penny.
Good luck and very best wishes to anyone who is going through anything similar.
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6 years 4 months ago #202786 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Stopped
macca
Congratulations to your friend.
It usually takes the DWP 5-8 weeks to process a Tribunal result, however, Xmas may add another couple of weeks to that.
Your friend should check with the DWP that they have received the Decision Notice.
Gordon
tags: @RESULT @ESA @APPEAL
Congratulations to your friend.
It usually takes the DWP 5-8 weeks to process a Tribunal result, however, Xmas may add another couple of weeks to that.
Your friend should check with the DWP that they have received the Decision Notice.
Gordon
tags: @RESULT @ESA @APPEAL
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: F
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