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ESA Claim closed due to DWP error

  • hagen
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11 years 2 months ago - 11 years 2 months ago #97275 by hagen
ESA Claim closed due to DWP error was created by hagen
Hello Everyone,

This is my first question and I'm wondering if anyone else has been through a similar situation.? I have had my ESA claim closed due to a DWP error (or possibly the UK BA) and could really use some help/guidance. Here's the details:

I was receiving Incapacity Benefit and applied for ESA as soon as I got the letter about the switchover. I had help from my local Jobcentre filling out the form and was put in the Work Related Activity Group without having to go to a medical. I appealed to be put in to the Support Group and with a lot of guidance from this website (thank you!) I won my appeal, and was put in to the support group until 2014. After reading all of the horrible stories regarding the "medicals" I considered myself very lucky.

Two days before I found out that I won my appeal I had received a letter asking me to send in photocopies of my passport to confirm my immigration status (I am American, but have lived here for close to 15 years). When I found out that I had won my appeal I was so shocked that I'd forgotten to ask if I still needed to send the photocopies in, so I called back and was told that I did, but that they would make an appointment for me at my local Jobcentre, so that they could take the photocopies. I was told that it was for my convenience even though I said that it wouldn't be a problem to send them in the envelope they'd included with the letter.

I attended the appointment on the 14th of Nov, 2012, at the Jobcentre with my Husband. We watched the photocopies be taken and then left the Jobcentre trusting that they'd be sent on to the correct department.

Fast forward to the 8th of Jan. I received letter regarding a change of circumstance, so I immediately call the helpline and was told that my claim was closed because I never returned the photocopies of my passport. I explained that they were taken my someone at the Jobcentre and he reassured me that he's going to have another team investigate and that someone will call me back.

I received a call early the next morning from someone who says she's calling on behalf of the investigating team, which I think was the UK BA. She tells me that they DO have my passport photocopies, but that there's nothing they can do because my claim has been closed.

I was repeatedly told that there was absolutely nothing that could be done and that that I needed to make a new claim. I called about a new claim that day, but requested that they send it to me, so I can fill it in myself. I have also written a letter to my MP (I haven't sent it yet), started another appeal letter and have made another appointment at the CAB.

Has anyone had there claim closed due to DWP error, or know someone who has? Can you point me in the direction of guidance or help? I've been a complete mess, so I doubt I'm thinking very clearly.

Thank you!
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #97281 by Gordon
Replied by Gordon on topic ESA Claim closed due to DWP error
hagen

It's not unusual for the DWP to close a claim in error, and the issue can usually be resolved without any requirement for a re-claim, however, we have not dealt with a situation where residency is in question, so this may be one of the exceptions.

We're limited in the advice we can give in this area and you are already doing what I would have recommended; getting face to face advice and involving your MP, the only other thing I can suggest is for you to escalate the issue within the DWP, your first port of call would be to request a callback from a Customer Services Manager.

I would receommend you keep detailed notes of any interactions you have with the DWP and confirm any phone conversations back to them in writing.

Good luck

Gordon

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

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  • hagen
  • Topic Author
11 years 2 months ago #97292 by hagen
Replied by hagen on topic ESA Claim closed due to DWP error
Thank you for your reply, Gordon.

I don't think my residency is in question. Before I attended the appointment at the Jobcentre to have my passport photocopied I double checked with the Home Office website as well as the CAB and was told that the only thing that would invalidate my residency would be if I left the country for a minimum of two years. I've only left the country for three weeks, which was a decade ago. I think it's just a case of someone not sending the photocopies on to the right department.

I appreciate all of your advice and will definitely start doing what you've suggested.

Thank you!

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  • hagen
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11 years 1 month ago - 11 years 1 month ago #98399 by hagen
Replied by hagen on topic ESA Claim closed due to DWP error
Hello,

I was wondering if someone could tell me at what stage I'm supposed to be supplying medical statements - are they sick notes from my GP?

I tried Gordon's suggestion and asked for a customer service manager callback and did get a call from a woman on the ESA Change team. She literally shouted at me, told me I have to reapply and then told me to quit calling.

I am getting a lot of great help from my local Citizens Advice Bureau, though, have appealed and asked for help from my MP, and am in the process of completing my new application and a formal letter of complaint.

I'm a bit scared to call the helpline again, so I was wondering if someone could please tell me when I'm supposed to providing medical statements. Are they sick notes? I'm not sure if I'm supposed to send one in with my application....or when?


Thank you!
Last edit: 11 years 1 month ago by Gordon.

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11 years 1 month ago #98406 by Gordon
Replied by Gordon on topic ESA Claim closed due to DWP error

hagen wrote: Hello,

I was wondering if someone could tell me at what stage I'm supposed to be supplying medical statements - are they sick notes from my GP?


If you are making a new claim you need to supply Fit Notes (used to be sick notes), that are dated from the same day that the claim starts from, an ESA claim can be backdated by up to 3 months, so if this is the case, you will need your GP to provide a backdated Fit Note.

Gordon

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

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  • hagen
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11 years 1 month ago - 11 years 1 month ago #98412 by hagen
Replied by hagen on topic ESA Claim closed due to DWP error
Thanks for your quick reply, Gordon.

Does the fit note need to go with the ESA1 or do I wait to send it in with the ESA50? I'm not sure at which stage to send it in.

Kim
Last edit: 11 years 1 month ago by Gordon.

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