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Claire12
Claire12 Online Community Member Posts: 7 Listener
in Employment and Support Allowance (ESA)
Need help I have been on esa support group 2 years with no face/face assements. Received work questionnaire to fill in and send back before 3rd June Which my sister posted it in the box at there office. 2/3 weeks later got letter saying im now able for work as I didn’t post the form back which I did. I sent new form
in and appealed it. What happens next Thanks 

Comments

  • Dotty123
    Dotty123 Online Community Member Posts: 491 Empowering
    You do mandatory if they still say your able to work 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Hi,

    As your money has stopped i'm assuming you've requested the mandatory reconsideration? You're disputing the fact that they say they didn't receive the form. If the MR decision doesn't change the next step is Tribunal but you won't receive any ESA payments while you wait for the Tribunal.

    As it's fit for work for failing to return the form then the Tribunal will be to decide whether they accept your reasons. Once the Tribunal make their decision if they accept those reasons then your file will be returned the the health assessment providers and you'll most likely have to attend a face to face assessment but your payments won't start until a decision's been made on the face to face assessment.

    It's a very long and complicated situation when you're found fit for work for this reason.

    Do you have proof that you posted the form? What do you mean your sister posted in the box at their office?
  • Claire12
    Claire12 Online Community Member Posts: 7 Listener
    Yes I’m in for
    manday reconsideration But can take up to 30 days for decision I’m wondering has any1 had to wait the full 30 days. I’m not receiving no money till they make there decision but I can claim uc but if I do and win my case I can’t go back on esa. No I hve no proof as it was put in the esa box in the the esa office I told them
    the time date which was put in but still stopped my benefit,
  • Claire12
    Claire12 Online Community Member Posts: 7 Listener
    I have sent a new questionnaire back and an a letter to say why I had to send new 1 as well. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    There's no timescales for decisions, it depends on backlog in your area.

    Yes, if you claim UC then you won't be able to go back onto ESA.

    Face to face advice is really needed here. This link will help you find what's available in your local area. https://advicelocal.uk/

  • Claire12
    Claire12 Online Community Member Posts: 7 Listener
    Thank for your help. I have had face advice and they are helping me with my case and phone and write till esA as they think it’s unfair. Has this happend to any1 before and decision maker able to change design before appeal! I have applied for pip and waiting on decision I got a copy of my report and the assessor pointed me 17 daily 10 mobility but waiting on my decision I was wondering if told esa would that make diff on my case thank alot
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    You're welcome.

    Yes, it does happen when someone doesn't return the form on time. Sometimes DWP accept your reasons at MR stage and sometimes they don't. If they don't then the process can be very long.

    As you're requesting the MR for failing to return the form then a successful PIP award won't help you.

    Fingers crossed that the decision is over turned at MR stage and i'm glad you're getting some help with this. Good luck.
  • Claire12
    Claire12 Online Community Member Posts: 7 Listener
    I did send the form back on time and into there office but they said they never received it(It’s be lost by them). How long does tribunal take? 
  • Dotty123
    Dotty123 Online Community Member Posts: 491 Empowering
    Long long time for tribunal iv waited since Feb 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    When you say office, do you mean your local Job centre? Unless it's found, you have no proof that it was returned sadly.

    Tribunal waiting times depend on backlog in your area but they are usually much quicker when the reason for your Tribunal is because you've been found fit for work for failing to return the form.

    It could still be a long wait though because if the Tribunal overrule the decision then you still have to have a face to face assessment and your ESA won't re-start until a decision's been made from that.
  • Claire12
    Claire12 Online Community Member Posts: 7 Listener
    It was put in the box provided for them at the esa office but still not received only my 2nd form posted was received. I’m not getting any money now and haven’t been I just do understand how they can find me fit for work if they hvent looked at my case and assessed me, just threw me off as they lost the form. Very stressful to Waiti 30 days for
    decsion with no money.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    The reason you were found fit for work is because they didn't receive the work capability assessment form back. Rules for ESA are very strict when returning that form.


    Please do be aware that the MR decision could take longer than 30 days, that time frame is just a guide.


  • Adrian_Scope
    Adrian_Scope Posts: 11,754 Online Community Programme Lead
    Hello @Claire12 and welcome to the community.

    I'm sorry to read what's happened with your ESA review. I really hope that the mandatory consideration decision is quick and that they find in your favour so you can continue with the assessment process.
    Please let us know how you get on. 
  • Claire12
    Claire12 Online Community Member Posts: 7 Listener
    Thanks a lot for your help I’ll keep use posted 

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