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12 years 9 months ago - 12 years 9 months ago #84291 by denise
esa forms was created by denise
we have received the phone call from dwp on the 12th march as to date no forms. so we rang them again and they said the assessment process does,nt start until you get the form as it has a date stamped on it is this correct?
Last edit: 12 years 9 months ago by Gordon.

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12 years 9 months ago #84293 by Gordon
Replied by Gordon on topic Re:esa forms
denise wrote:

we have received the phone call from dwp on the 12th march as to date no forms. so we rang them again and they said the assessment process does,nt start until you get the form as it has a date stamped on it is this correct?

I suspect they are splitting hairs, but receipt of the ESA50 form, is the first part of the where the onus is on the claimant to do something within a given timescale.

It was perfectly reasonable for you to contact the DWP and ask whether the form had been despatched. You should continue to do so on a regular basis as there have been a spate of missing forms recently.

Gordon

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

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  • bro58
12 years 9 months ago #84295 by bro58
Replied by bro58 on topic Re:esa forms
denise wrote:

we have received the phone call from dwp on the 12th march as to date no forms. so we rang them again and they said the assessment process does,nt start until you get the form as it has a date stamped on it is this correct?


Hi D,

The problem is, that we have heard from members who have not received the ESA50, and have not chased it up.

They have then found out that ATOS state that it was posted to them.

As you only have 4 weeks to return the ESA50 once received, (Deadline return date is given), if an ESA50 was posted by ATOS, and not received by the claimant, therefore they obviously could not return it by the deadline it could be taken as failure to return it, in which case the claimants file would be returned to the DWP DM by ATOS, stating "failure to return".

This could obviously have implications on payment of your benefit.

bro58

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