DWP lost my reconsideration paperwork...

Hello,I hope someone might be able to help with my enquiry:

I was on Incapacity benefit for 9 years and then moved into WRAG without medical.In addition to ME & gynacological problems, I was diagnosed with depression in April and was advised by the job centre to apply to the DWP for a Reconsideration, which I did. Heard nothing until a phone call mid-June from an official who acknowledged receipt of my paperwork and warned me that my ESA going to stop in July. He repeatedly asked detailed questions about my medical condition, checking the information in my letter. He said that for reconsideration to be completed he needed me to fill in ESA50 again, adding the new problems. He said I would receive this within a week or so. Nothing arrived except a letter at the beginning of July - notification that my ESA has been stopped with immediate effect, I am being told by the DWP that my letter containing my supporting medical documents has been lost while mid-transfer between two offices and that my best bet is to start an appeal against the 365 day rule.My question is...

Do I appeal as the people who lost my records now tell me to do, against the cancellation of my ESA? OR repeat my Reconsideration request -if the latter,with whom and where do I lodge this?

I appreciate that individual circumstances cannot come within the scope of your forum but I've been unable to identify a similar area of enquiry and I don't know where to turn.

Many thanks

smallflower (wilting fast)

If your ESA was stopped because you had exhausted your time in the WRAG then the only way that you can continue to receive the benefit is if you are entitled to receive income-related ESA or if you are put into the Support Group.

You cannot appeal against the discontinuation of ESA because of the time-limitation as this has been enacted in law. Your only recourse is to continue with your request for a reconsideration/supersession.

You might wish to complain to DWP about the loss of your paperwork

Complaining to DWP

Some people choose to let their MP know what a shambles the system is

Contacting your MP

Thank you very much for your quick reply - I thought that was the case but the lady on the phone insisted that her advice was correct and I could take it or leave it! When I get my energy up I will indeed complain as you suggest. I dread to think where I would be without the help of this website - it's bad enough spending all my energy worrying about justifying my state of health. Thank you again.