ESA renewal form sent back late - ESA stopped

[PAC1960]

Hi

I stupidly sent my ESA renewal form back in late (about 10 days) and my ESA has been stopped. I am having Mandatory Reconsideration and am still waiting for a decision (3 weeks). I sent my form back late as I truly had thought I had already sent it in as I was under considerable pressure after Christmas. I receive a form to claim DLA and my ESA renewal form on the same day, filled one in, posted back on time and just forgot about them. Then, I received a letter saying my ESA was now stopped. After many phone calls, when my form was at ATOS, with the wrong office or just couldn't be found, I was told my reasons for returning the form were unacceptable and that I should apply for Mandatory Reconsideration, which I did.

At the time, my son with Schitzophrenia was poorly (over Christmas and January), I was still visiting my mother with Dementia daily and also had an recurrent infection in my new, transplanted kidney (which was painful and so I was getting no real sleep).

This decision, however, had been made before they received my form, which I filled in in a panic when I realised I had forgotten it.

My question is, can they really stop my money when I have been told that my medical situation is not the problem, but that the reasons for sending my renewal form in late had been rejected? I have been told that the Reconsideration Office is unlikely to overturn the initial decision and that it is very likely that I will have to appeal and that may take 9-10 months. I am in a terrible panic and think this government want everyone except their ilk to just disappear and stop sponging (if only I had an expense account.....) Can they really stop my money if I still fulfill the criteria to receive ESA?

Hoping someone out their can help. I thought I was at the end of my tether at the end of January - little did I know what the DWP are capable of. Many thanks for reading all this.

[estellyn]

When you say 'renewal form', do you mean ESA50 to ATOS?

 

 

Also has your claim been ended or suspended - there is a difference and you may need to be reclaiming while waiting for your appeal.

[PAC1960]

Hi

It's been completely stopped but they told me not to reclaim. It is with the Reconsideration dept now and then if refused, I was told to appeal. I was told not to claim again and also, not to claim JSA, as that would indicate that I was fit for work. I just don't understand. The person at the ESA claim line has said that the legitimacy of my claim isn't in dispute, just the reasons for late return. So what is the reason for them stopping it if I still fulfill the criteria to receive it? Other than to save money, I can see no real reason for stopping this. It is driving me insane. I couldn't sleep at all Saturday night and have been missing so much sleep - they are making ill people more ill !

One thing I do know now, is that they have created a monster! I wouldn't normally say boo to a goose but now I simply cannot let this go. Even if and when my claim is sorted out, I have to do something practical to stop this happening to other people. I was so shocked to see how many other people have had their money stopped: between 400,000 - 900,000! How is this allowed to continue and just how much working time is wasted going through these reconsiderations and appeals, which I understand are more often than not, upheld? I will be swallowing my pride and telling everyone about this appalling gov. behaviour. The only reason I can see that there are riots, is that this whole process drains the very life out of all who are affected by this cruelty.

Thank you so much for answering and I do hope you will be able to give me some advice. This has got to stop and I am ashamed that I have waited until it happened to me before doing something about it!

[PAC1960]

Ooops! Still forgot to say that is was my esa50 late return that ended my claim.

[estellyn]

You were told wrong, you can reclaim again after a claim has been stopped for late return of an esa50 or missing a medical - in fact you need to reclaim. The thing he was getting confused about is that on a new claim you won't be paid ESA until an ATOS assessment has been completed (unless your reconsideration/appeal over the late return is successful). So yes, reclaim asap!