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Help with letter to maximus late form

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6 years 7 months ago #196772 by Nina
Please can someone give me some advice on my situation. I could not update and print my esa50 on time, and I managed to dictate my desperate letter below on voice recognition which worked fine, I have been using this method instead of typing. However I am autistic and I can get really carried away in my dictations. Can anyone help me with advice? Should I send this letter to DWP and maximus? I am going through unbelievable problems trying to update and print my document and I'm driving my help crazy. Please can anyone help with advice? Thank you :-)

I am writing to let you know that I have been unable to send my esa50 form in time for the deadline of 6th of September 2017.

I have phoned the DWP and they put a note that I have not been well and my form is going a little bit late.

I have also phoned health assessment services twice to let you know I have been very ill and in a lot of pain and exhaustion, and it has been extremely difficult to carry out this task even with help, because I have to function in some capacity to enable help to be effective.

I have been screaming in pain for over a week now because I have injured myself trying to reach for papers in a repeated fashion, which ended up causing a trapped nerve which is extremely painful and can take weeks to heal.

I also have a stiff neck from looking at papers for longer than it is safe for me because ME/CFS causes my muscles to go stiff and painful if I use them for longer than it is safe for me with this condition.

I have been wearing a neck brace also for well over a week. This together with the injury on my slipped disc almost two weeks ago means I can hardly move and I have been screaming in pain for almost two weeks now.

Trying to attend to the administrative tasks that esa50 requires has caused me 2 physical injuries on top of my existing conditions which are very debilitating and make extra tasks to be almost impossible to carry out

I also suffer from anxiety disorders with dissociative episodes and chronic stress.

Trying to carry out the administrative task that esa50 requires even with help is causing me to be in an unmanageable state of mental health health.

Having yet another assessment - and I have been having assessments practically every year - is causing my mental health to decline exponentially, when otherwise I would be able to manage it with my coping mechanisms of I am allowed normality and routine, therefore y mental health and allowing me to be safe.

I have been having dissociative episodes for years which have caused me to be unsafe in my own home due to accidents such as floods and I have also caused fires for being in a dissociative episode and not being able to look after it at the time.

In order to reduce these episodes and memory lapses it is imperative to maintain normality and routine. ESA assessments turn a vulnerable person's life upside down therefore it cannot guarantee safety for me in my own home.

It is not possible to avoid stress if you are being subjected to ESA assessments every year.

This is too often for a person in my condition. When you have mental health issues it can take months to recover from the most acute stress and then you are subjected to stress again. This is causing me trauma for life and has caused me to need mental health assistance from the NHS for no other reason than not coping with ESA assessments, as without ESA assessments my mental health stabilises and I can manage my issues. That's why one gets ESA in the first place.

How am I supposed to be safe in these circumstances.

Is there any duty of care to protect the sick and vulnerable, and have some morality to not cause one's mental and physical health to be affected so significantly?

My mental problems are not limited to anxiety disorder.

I also suffer from ASD and have no support from family and friends and I have problems dealing with people I do not know well which causes tremendous communications problems and I cannot communicate in a consistent fashion.

This means that on top of my physical conditions it is very difficult to help me through the available channels and I have to pay for tailored help for my particular conjunction of difficulties.

Also the stress recently caused me to have overwhelming stomach pain a couple of days ago, for which I had to call NHS helpline.

They asked me if I was bleeding and I said I was, and they told me to go to A&E urgently within the hour.

I could not go because of my fear of being hospitalized, and if I am hospitalised my ESA would get cut, as you hear it happens all the time, there is no apparent discretion.

Therefore when the doctor called me back from the NHS helpline I told the doctor I was feeling better, because I was scared they would send an ambulance.

All of this because vulnerable people are given the impression that the DWP and health assessment agencies simply stop people's benefits if they are too sick out in hospital to comply with administrative tasks such as sending the esa50. Obviously suffering from anxiety disorder and all my other problems may cause the worry too grow out of proportions, or maybe it is not out of proportions. I do not know.

As I informed in this letter earlier, I suffer from anxiety disorder and dissociative episodes

Because of the stress I am being subjected to at the moment with another ESA assessment, my dissociative episodes have become so intense and often that I am having them as often as every 10 minutes to 20 minutes for a whole day or two, or at least about every hour every day.

This is a very steep increase of my memory lapses that have already caused me problems in the past decade, caused damage to property to be caused, and put my life at harm as I also do have suicidal ideation or episodes from time to time. This is not so if my environment is stable, and that is why I claim ESA and also physical disabilities.

I have been experiencing memory lapses all day, in and out of memory. For the last week it has been so intense that I have to stop every 10 minutes what I am doing because I lost track completely and I have two piece it together to be able to give it some continuity, when as soon as i have recover and some continuity i have another memory last lapse, which means it is taking me hours for every minimal task.

This on top of going through pain and exhaustion, as unfortunately with all the problems I already have I also suffer from chronic fatigue. I have been diagnosed with chronic fatigue well before ESA ever existed and on top of existing physical disability and mental disability which all were diagnosed well before ESA ever existed

Considering the above informed, every time I get an ESA assessment it is causing me substantial harm and puts my health and safety at risk.

Last year it caused a very serious incident

With my mental health scenario of depression, anxiety disorder, dissociative episodes, memory lapses, chronic stress etc, I am asking you for some duty of care and make sure this Health Service assessment is not putting me at risk of substantial harm.

Please do not stop my benefit as I have not been able to send the form in time because I am in a considerable critical state of mental and physical health that is not conducive of carrying out administrative tasks even though I have help available to me and all that i needed to be done was to organise my files, update the content and print. However it's been very difficult to help me in my current condition.

Also having ASD causes me to be very obsessive and produce long documents and letters which are very difficult to dictate or have transcribed when you are having memory lapses and having to stop all the time.

Please do not stop my benefit I would not be able to go to food bank as I have not been able to attend any appointments for years now.

I have not been able to leave the house because chronic pain and chronic fatigue and anxiety and ASD just to name a few.

Also I would not be able to cope with any more bureaucracy trying to fight for benefits that I am entitled to if you stop my ESA because I have been too ill for administrative or mental tasks.

Please accept my apologies for not being able to send the form in time.

Please do not cut my benefit.

Please I hope that I will be able to send the form in a few days, however I cannot predict my health it could be another week or even two weeks but I hope it'll be much sooner as we are almost there with it being done.

I have someone helping me to use update the questions and print, but I depend on her availability also and she depends on me functioning.

Please accept my apologies again and do not stop my benefit as these would have terrible consequences to my life

I hope you can accept my apology and accept the reasons described above and accept my form at a later date

Best regards

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6 years 7 months ago #196805 by Gordon
Replied by Gordon on topic Help with letter to maximus late form
Nina

You letter is very long and meanders from point to point, but it is heartfelt so I would not change it it.

However, my recommendation is that you send the ESA50 now, incomplete and provide a finished form as soon as you can, with a copy of your letter. I would also send a copy of the letter directly to the DWP office dealing with your claim. If you can afford to do so, send the form using a tracked post so you have proof of delivery.

I say this because there are no extensions for returning the ESA50 later than the required date.

Maximus have no discretion in the matter, if the form is not returned on time they will return your file to the DWP.

Whilst the DWP can accept a late form, there are limits to the time that they will wait and your letter suggests that it could be weeks rather than days. I think it likely that they will decide to close your claim on this basis. Whilst this is an appealable Decision, I don't think that you will want to go through process given your current mental health.

Gordon

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

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