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Royal Mail "Signed For" Service & ESA Appeals
- Augustus
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If, perchance, an ESA appeal form was sent this way and it too got lost, what would the response of ATOS/DWP be?
Would they re-send the form and accept proof of posting and just allow the cycle to begin again, or would my opportunity to appeal have been lost for reasons beyond my control?
Thank you
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- michaelg
I recently used the RM "Signed For" service for an unrelated matter and the item was lost by Royal Mail. They require 15 working days to elapse before they will investigate or consider any claim.
If, perchance, an ESA appeal form was sent this way and it too got lost, what would the response of ATOS/DWP be?
Would they re-send the form and accept proof of posting and just allow the cycle to begin again, or would my opportunity to appeal have been lost for reasons beyond my control?
Thank you
Hi Augustus
Please see here -
www.benefitsandwork.co.uk/help-for-claimants/esa
How to submit an appeal
Is there any risk to challenging a decision?
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- cdcdi1911
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- Posts: 2522
GL24 appeal forms are sent to the DWP, not Atos.
It's impossible to second guess what a DWP decision maker will do in such circumstance but you have one calender month from the decision date to submit the GL24 form and you should receive written confirmation that it has been received. You can always phone to verify this if you haven't heard anything from the DWP.
If you are close to or outside the deadline as a result of RM/DWP losing the form you can submit a late appeal with reasons for the delay and proof that the original form was sent within the deadline. If the decision maker does not accept this an appeal tribunal judge will have the final say.
Hope this helps
Derek
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- Gordon
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- Posts: 51288
If, as a result of your lost posting, the one month for submitting an appeal has passed, then you are going to have to submit a new GL24, however, you will also need to show Good Cause why you are now submitting the appeal late.I recently used the RM "Signed For" service for an unrelated matter and the item was lost by Royal Mail. They require 15 working days to elapse before they will investigate or consider any claim.
If, perchance, an ESA appeal form was sent this way and it too got lost, what would the response of ATOS/DWP be?
Would they re-send the form and accept proof of posting and just allow the cycle to begin again, or would my opportunity to appeal have been lost for reasons beyond my control?
Thank you
Given that the DWP have 14 days to acknowledge the appeal, you should then be in a position to invoke the Royal Mail's "lost letter" investigation, which should either find the missing letter or provide you with sufficient evidence to cover off the DWP.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Augustus
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- Posts: 194
However given the hassle/stress involved and the onus being on the claimant, I suspect that many might opt for the RM special delivery service, though we are least able to afford this!
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- micksville
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