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ESA late return reason not accepted

  • robin
  • Topic Author
12 years 8 months ago #62877 by robin
My partner had to complete the ESA, we needed help to do this. We got an appointment at CAB which meant it would be late. We were still very naive at this point, we telephoned DWP who told us that would be no problem, hand it in as soon as you can and with an explanation. We believed :laugh: . Only after our benefit was stopped did we realise we had been taken for fools. They said they would look into our reason etc. Today we discover they have not accepted our reason and thrown out our claim. We have to reclaim. Is anything open to us? We lost our free school meals and already pay £100 a month towards our rent as LHA does not cover it. I am on one meal a day, I cannot cut back anymore and am at my wits end.

Emma Robin's partner

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12 years 8 months ago #62882 by Gordon
Replied by Gordon on topic Re:ESA late return reason not accepted
Robin

Your options are extremely limited and given that you are receiving no benefit the thing you have to deal with immediately is getting your claim re-submitted.

I don't know whether this will be affected by your previous claim being rejected, but you can normally backdate an ESA claim by up to three months, providing you would have been eligible to receive ESA at that time and that you are able to provide Fit notes to cover the period.

With regard to your previous claim, you can try escalating it to the manager at your local DW office, the phone number will be on the letters they have sent.

You can also try to get a copy of the phone call where you were told by the DWP that it would be alright for it to be late. You may need to raise a Subject Access Request to do this, there's a guide in the Members area.

Finally try escalating this to your local MP.

Let us know how you get on.

Gordon

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

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  • bro58
12 years 8 months ago #62883 by bro58
Replied by bro58 on topic Re:ESA late return reason not accepted
robin wrote:

My partner had to complete the ESA, we needed help to do this. We got an appointment at CAB which meant it would be late. We were still very naive at this point, we telephoned DWP who told us that would be no problem, hand it in as soon as you can and with an explanation. We believed :laugh: . Only after our benefit was stopped did we realise we had been taken for fools. They said they would look into our reason etc. Today we discover they have not accepted our reason and thrown out our claim. We have to reclaim. Is anything open to us? We lost our free school meals and already pay £100 a month towards our rent as LHA does not cover it. I am on one meal a day, I cannot cut back anymore and am at my wits end.

Emma Robin's partner


E,

This is truly awful, you have my sympathy, have you inquired about a Crisis Loan, with the CAB.

I would implore all members to make sure that they do not accept imformation over the phone by either DWP or ATOS, as confirmation of anything.

Demand written confirmation, and keep demanding, until you get it.

In writing of course, keep copy.

Hope matters improve.

best wishes

bro 58

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12 years 8 months ago #62884 by Derek4
Replied by Derek4 on topic Re:ESA late return reason not accepted
Hi Emma

Consider going back to CAB for help in pursuing the matter.

As well as making a new claim as Gordon suggested, if your benefit has been stopped because you have failed to send the ESA50 on time without good cause, this decision should be put in writing, and it is appealable.

It would help if you have noted the time and day of the phone call, and the name of the idiot who said that it would be no problem!

Good luck

Derek

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  • robin
  • Topic Author
12 years 8 months ago #62886 by robin
Replied by robin on topic Re:ESA late return reason not accepted
Thanks, I have contacted my MP and will do the rest!
The DWP told us we should have kept our children out of school to attend the appointment. Surely that is against the law? Can't you be prosecuted for such?

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12 years 8 months ago #62888 by Gordon
Replied by Gordon on topic Re:ESA late return reason not accepted
robin wrote:

Thanks, I have contacted my MP and will do the rest!
The DWP told us we should have kept our children out of school to attend the appointment. Surely that is against the law? Can't you be prosecuted for such?

Robin, sorry to pick you up on this, but you mentioned missing an appointment, could you clarify the why your claim was rejected. Was your ESA50 late, or did you miss the medical?

Thanks

Gordon

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

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