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Please help! ESA stopped- late returning form

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5 years 11 months ago #210869 by QWERTY
Hi,

Please can you advise me what to do.. I am in ESA review process, late returning form, ESA due today , checked bank, no payment made. No contact from DWP re this.
Been struggling to get health together and do form , don't know how to fix this, really worried.

Background-
Receiving ESA, in support group. Sent WCA form, plus reminder letter to return form.
Asked family member to contact JOBCENTRE PLUS phone number on form before it was due back to say that going to be late due to ill health , asked for extension.

Advisor said don't give extensions but would put note on my file that contacted them and to return form ASAP. We asked if needed to send in medical line re late return, advisor said no, but advised important to give a good cause for lateness.

Since then not been able to get form returned due to health, but not known who to contact re this situation. ESA form (WCA review) now several weeks late.
Have continued receiving payments till now, but have not had any further letter
or phone call from DWP.

I have chronic health problems and am housebound.
Recent weeks very difficult , very unwell.
Been in receipt of sickness benefits for 15 years. Recent 2018 PIP medical assessment awarded higher rate for both components for ten years due to severity of condition.
Have medical evidence and letter from doctor asking for ESA home assessment due to health
had planned to send with form.

I know I've made complete mess of this but genuinely struggling ,
Is there any way I can sort this out?

Please can you advise me what my situation is
-am I sanctioned, or have I completely fallen out of the system? (is there a time limit
for returning form, or exceptional circumstances )

- who do I contact in this situation? benefits office , jobcentre pus phone number? will they contact me?

-what do I need to do now? do I send in form, what is considered good cause, should I ask doctor for letter re late form ?

Thank you for any advice you can give me, i'm very worried and don't know where to turn for help

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5 years 11 months ago #210880 by QWERTY
Hi,
I urgently need help.
My ESA WCA questionnaire is late and I have been sent 3 letters

1.-jobcentre saying ESA claim changed, cannot pay esa (from backdate) because WCA FORM NOT RETURNED, ALSO REMIINDER LETTER SENT TO ME ( STATES DATE OF
REMINDER).
LETTER ALSO STATED CAN ASK FOR MANDATORY RECONSIDERATION WITHIN ONE MONTH OF LETTER DATE.

2.- jobcentre giving tax info for year up to day before claim changed

3.-letter from HMRC with P45A EMPLOYMENT AND SUPPORT ALLOWANCE CLAIM,
stating this is info for period up to end of claim for esa.

Please can you give me some advice about my situation
-All 3 letters are dated same day and all received on same day, not sure where I stand

-Am I allowed to request the decision be looked at again ( Mandatory Reconsideration) ?Or does this letter not apply now? can my claim be continued? can the decision be looked at again or is there a set number of days/weeks where claim is ended?

-Do I send in form, if so do I send it to assessment centre or to jobcentre address?

-benefit was paid and now claim not allowed from backdate, what will happen now?

-have medical evidence and letter from GP requesting home assessment, dated pre- this situation, should i contact doctor for letter re current situation?

I phoned jobcentre before deadline to say unwell, ask for extension, but told don't give extensions ,note put on my file that i had contacted them., told need to give good reason for late return.

I have chronic health probs (long term claim, in SG) and am housebound, became ill and
didn't know who to contact after initial phone call and note put on file. I am struggling with health, and realise i have really messed up. is there any way i can salvage situation?

I would appreciate any advice you can give me.
Thanks.

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5 years 11 months ago #210912 by Gordon
Qwerty

From your other posts (which I am not publishing) you appear to have received letters confirming that a Decision has been made to close your claim due to the failure to return the ESA50. This being the case there is no value in your returning the form, complete or incomplete.

I would certainly request a Mandatory Reconsideration as it is the fastest route to getting your claim re-instated, however, I fear the likelihood of success is very low, so you should seriously consider making a new claim for ESA at the earliest opportunity, doing so won't comprise your challenging the current Decision, unformtunately you will not be entitled to payment from the new claim for six months or until you attend an assessment, whichever is the earlier.

As an alternative, if you are in a Universal Credit Full Service area, then you can claim UC and present a Fit Note, which after four weeks should result in your being assessed for Limited Capability for Work, the advantage of the UC route, is that your ESA failure will not be taken into account and you can receive payment once you have completed the standard UC wait time. The disadvantage is that you will no longer be able to return to ESA and this may disadvantage you in the long term if you received any of the ESA Premiums as these are not payable under UC.

The ESA section has guides and template letters for you to request a Mandatory Reconsideration, you are challenging the Decision to close your claim. so only medical evidence related to your showing that your had Good Cause for not returning the form on time will be relevant, they will not be considering whether you meet the criteria for an ESA award.

Gordon

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

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5 years 11 months ago #210915 by QWERTY
Hi,

Thank you for getting back to me. . I need to re-instate my claim to ESA. Should I keep the current form to send at future date, or would they send another form if re-instate claim?

Please can you advise re contacting PIP re situation with ESA.?. Do I need to keep them informed about this? Recently had PIP medical at home due to ill- health. Had hoped DWP might see this and take into account re late form. Would it be worth referring to this in MR?

Would you advise obtaining legal advice for MR request?

thanks

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5 years 11 months ago #210922 by Gordon
Qwerty

If you make a new claim then a new ESA50 will be issued but there is nothing on the form that is unique to you so you can use the one that you already have.

I doubt you will get representation for an MR but there is no harm in asking, do an internet search for "welfare advice" with your postcode, town or county, the issues are very simple; can you show Good Cause for not returning the form?

There is no requirement for you to contact the PIP department about your ESA being stopped.

You can certainly mention the PIP home assessment in your MR but I'm afraid I would nott expect anything from it.

Gordon

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