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Can't get DWP to tell me why they have turned down my ESA claim

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3 years 1 month ago #267501 by Aly
I have been trying to find out why DWP have turned down my New Style ESA claim for three weeks and I can't get them to tell me. They didn't write to me so I have nothing on paper at all, the helpline say they can't see the info on my record, someone was supposed to call me back within three days and didn't. I am sure I am eligible as I have an unbroken NI record but I don't know what to do? I can't even challenge the decision if I don't have any paperwork. Any ideas what to do next?

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3 years 1 month ago - 3 years 1 month ago #267523 by Gary
Hi Aly
Have you had an assessment?

Have you sent in the application form?
If you have, how did you send it?
Did you sent it by recorded delivery?
If you did, have you checked when it was delivered and who signed for it?

Lots of questions but these will be asked to help sort out your plight. If you did not send it by recorded delivery then you will struggle as you have no evidence that it was sent.

You may want to get your MP involved to try and sort things out or your Local Welfare Rights Organisation but they will struggle if you have no proof of posting.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 1 month ago by Gary.

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3 years 1 month ago #267536 by Angel
Morning. I would phone up and play ignorant, and ask if they have reached a decision yet on your claim. If they say they haven’t received anything, show them proof of postage or ask them to send you a new form out. However, stress that you have phoned up already for a form, (they should have a note on their systems), and say that that should be your ‘start’ date, as you have actually returned the initial form.
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3 years 3 weeks ago #267647 by Aly
The call centre have received my claim and all they can see on my record is that I was turned down because I didn't meet NI criteria. This doesn't make sense as I have an unbroken full NI record as a self employed person. I have checked this with HMRC. They can't tell me why I didn't get written to and they can't give me any more info about the specific criteria I didn't meet. They just keep telling me to wait for a callback from the new claims team, but I have now been waiting 10 days. It is so frustrating! Would a formal complaint make any difference, do you think?

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3 years 3 weeks ago #267676 by Gary
Hi Aly

If you cannot get any information from DWP then I would advise you to contact your MP.

You say that you have a full unbroken NI record, what type of stamp did you pay as a self employed person. Have you asked for a breakdown of your NI record? www.gov.uk/check-national-insurance-record

Gary

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

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3 years 3 weeks ago #267729 by traceytracey
Hi Aly,

I thiought I had replied before :( I believe it may be because you maybe opted to pay the lower class/ amount of NI? If you pay the lower amount it normally means you havn't paid enough stamp to cover ESA, even though you may have full years, it is the amount that is not enough. Hope that makes sense?

My brother did as self employed and he was in the same boat, I believe you need to have paid class 1 or 2 stamp but not 3 or 4 which you have the choice to do if self employed .

Good luck
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