No DWP-ESA decision letter-APPEAL???

Billy009

Hi-in short-made online claim for CB-NS ESA in April 2023-heard nothing chased up dwp-December received dwp letter saying could not contact by phone (none given on form) so they closed claim- letter gave no further options-Jan 2024 requested statement of reasons and made a complaint. April 2024 dwp apologised and said delays unacceptable but claimed they had followed procedure. October 2024 dwp letter says that a decision letter was issued in May 2023 but as this letter was computer system generated it only stays on DWP system for 1 month so they are unable to provide a copy. From October 2024 to February 2025 chased dwp for copy of decision letter,written explanation of decision,written statement of reasons for the decision and a mandatory reconsideration of the decision.In February 2025 received dwp mandatory reconsideration notice letter that says the decision in May 2023 was unchanged and that I was not entitled to NS ESA as I had not signed a Claimant Commitment-In February 2025 I appealed to the Tribunal requesting ESA payment pending appeal and have received some papers. In the dwp response they admit that they are unable to provide a copy of their original decision of May 2023 but they then request that that the Tribunal confirms that the decision of May 2023 to close the NS ESA claim and as there was failure to attend a work focused interview with regards to Claimant Commitment as therefore there is no entitlement to NS ESA. There is no mention of ESA payment pending appeal.

I cannot see how the DWP can defend a DWP decision that they cannot provide a copy of and that they admit does not exist-Or am I missing something? Further how can the Tribunal confirm or make any judgements about the same???

Any thoughts or directions would be welcome.

OverlyAnxious

Hi,

In order to claim New Style ESA you do have to accept the Claimant Commitments. This is usually done via telephone. If you didn't provide a phone number then that explains why they refused it.

(I appreciate not everyone can use phones - I am one of those people.)

As far as I can tell, they are correct in not accepting your NS ESA claim. I'm not sure what advice you are looking for at this point. Are you eligible for Universal Credit instead?

Billy009

Thanks for reply -1 thing is certain dwp have closed my contribution based NS ESA without any Decision letter and have belatedly claimed unable to provide any copy due to dwp policy to destroy Decision letters after 1 month-unable to find any such dwp policy. DWP then requesting Tribunal to confirm the decision in their Decision letter that they admit does not exist. Should I apply for a Tribunal strike out as the DWP position is defenceless and their conduct is frivolous and vexatious??Should I not be receiving ESA pending Appeal?

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/1013432#Comment_1013432

It sounds like the claim was never actually opened if you didn't confirm the Claimant Commitments or receive any payments. So for that reason, I would not expect you to receive NS ESA pending tribunal.

Personally I would let it go to tribunal and have them sort it out, rather than applying for a strike out, but that is your decision.

Billy009

Thanks for reply.Without a dwp decision letter one can only guess dwp actions. I am still concerned by dwp claim of policy to destroy decision letters after 1 month??

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/1013766#Comment_1013766

Yes, that does sound strange. I haven't heard of that one before at all. I have heard of them destroying other personal information after 12 months. Perhaps someone else can advise on that part.

flour

Hello @Billy009

This sounds like a farcical situation from DWP from start to finish.

Definitely proceed with the appeal but go and get specialist advice from Citizens Advice or another welfare rights organisation before the appeal.

I would also do a Subject Access Request to DWP for everything that have so you can see what all their records are. Google how to do this.

I would not worry at this stage about what the DWP can provide, if you never had any letters of them - and you should have had a few within the first two weeks of opening the claim - a payment decision letter based on assessment of NIC records and letters requesting for fit notes. I presume you had no post?

However, they agree you submitted a claim because they closed it due to no WFI. The issue is correspondence on their part and previously not receiving letters has been acceptable at tribunal. They may ask what was going on between and April and December when you got in touch again with DWP.

Billy009

Thanks for the reply-the main issue is DWP alleged policy claim to be able to destroy Decision letters from their records after 1 month??Does anyone know of any such DWP policy?Further why no Payment Pending Appeal??