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Time to return ESA50 form

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11 years 5 months ago - 11 years 5 months ago #95235 by Jessica23
Time to return ESA50 form was created by Jessica23
Hi,

I have a question about how long one is entitled for return of an ESA50 form.

The date given to return mine was only 19 days after I received it. Since when I was contacted a few weeks before to be told I would be receiving one I was told I would be allowed 4 weeks, I phoned up and was told that the 4 weeks still held but that if it wasn't returned by the given date that I would receive a reminder.

All well and good, but having heard of problems when people have been slightly overdue and how denials, contradictions etc happen, I wonder if you can give any further clarification or detail on this please?

My original (19 day) due date is up shortly and I am still working on the form. (I have migraines, narcolepsy and ME/CFS and so this is slow work.) I have a friend who works on an advice call line and she is going to a training day later this week about giving advice on how to fill in these forms and I would really value having her latest recommendations on this, but not if it means I would get into all kinds of hassle because I was a few days over the original date, although within the fourth week which I was told over the phone.

Thankyou for your time.
Last edit: 11 years 5 months ago by Gordon.

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11 years 5 months ago #95244 by Gordon
Replied by Gordon on topic Re:Time to return ESA50 form
Jessica23

As far as we are aware, there is no reliable mechanism for extending the four week period for completing the ESA50.

You cannot rely on any "extension" given by the DWP, unless you have it in writing. ATOS do not have the authority to extend the period.

As a more general comment, to anybody reading this, as we approach Christmas, you may wish to use Next Day delivery services, as we had quite a few members last year, who's files were returned to the DWP because of delays resulting from the increased load.

Gordon

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

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11 years 5 months ago #95248 by Gordon
Replied by Gordon on topic Re:Time to return ESA50 form
Jessica23

Just to add, you can return the form late, but you run the real risk of ATOS returning your file to the DWP, and it could take weeks to sort out.

Alternatively, return the form on the requested date, with a covering letter, eplaining you received it late and that the form is incomplete, and that you will send a completed form as soon as it available.

In this case, I would send a copy of the completed form to ATOS, the DWP (marked for the attention of the Decision Maker), and take a completed copy with youto the assessment for the HCP to include in your file.

Gordon

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

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11 years 5 months ago #95252 by summertrain
Replied by summertrain on topic Re:Time to return ESA50 form
I had exactly the same thing happen to me. Fortunately, I had been doing the pdf ESA50 for some time before getting their ESA50, thanks to the great advice on this forum,and was able to return it by the shortened return date. Nevertheless, I was very miffed at being "short changed".

Incidentally, I never received a reminder letter. Whether that was because they had received it by the stated time or not, I don't know. I wouldn't trust them as far as I could throw them, as they seem to be constantly trying to trip people up and cause maximum grief.

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11 years 5 months ago #95260 by summertrain
Replied by summertrain on topic Re:Time to return ESA50 form
Jessica, Not that my experience is of much help to you, and I should also like to say that Gordon's advice re the return of your ESA50 is a good way to proceed at this point

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