ATOS/DWP procedures in case of forms lost in post?

James

I am sorry but is this question based on real events or is it hypothetical?

Gordon

James

I have no idea how a second or third missing ESA50 will be treated, but this is the procedure for a first.

As the ESA50 is returned to ATOS, the process starts there. The first decision that will be made is based on whether the claimant has significant Mental Health issues?

if they do, then ATOS may decide to proceed without an ESA50, but this will depend on the level of information that they have on the claimant. If they do, this may be supported by their contacting the claimants GP, they will decide whether to require an assessment or in a limited number of cases, produce an ESA85A and return the file to the DWP.

If it is not believed that the claimant has significant Mental Health issues, then the claimants file will be returned to the DWP.

The DWP should contact the claimant for an explanation of why the ESA50 is missing, if a completed form can be provided in short notice, it should be possible for the process to then continue as normal and the claimants file will be returned to ATOS. However, if an ESA50 is not available, then the likely result is that the claim will be closed and the claimant found Fit for Work, whilst this is an appealable Decision, at best it would take months to resolve and at worst the best part of a year based on current Tribunal delays.

Gordon