ESA Support Group And Received ESA50

3 years is my understanding too.

It's possible OP was given 3 years last time, and due to a backlog has only just been sent another ESA50.

ATOS quit in early 2014, so it's quite possible my previous statement applied in your case too.

Maximus didn't start until approximately a year later by which time there would have been a significant backlog.

I know in my area they focused on new claims for around a year and then looked at reassessments for those in WRAG. Whether nationally the priority was the same I do not know.

epitome wrote: »

The deadline cannot be extended under ANY circumstances.

The deadline does not apply to people who ESA have recorded as having mental Health issues.

Phone either:
CHDA 08002 888777 and ask
If there is a Mental Health Tag = YES on your MSRS referral.
But they might not tell you, being CHDA they probably don't know if they are allowed to tell you and probably will say phone DWP and ask them. I only suggest it because they are a freephone number.

DWP ESA Enquiry line and ask:
Can you please look in my MSRS referral and tell me if it says Mental Health = YES ? This is the best place to look.
HOWEVER
If they don't know how to look for that in MSRS, ask them...
"Can you look in my ESA screens in JA792 and tell me what the heatlh conditions you have listed are?" If they reply Depression, Anxiety, Stress, then these are the main ones which qualify, there are lots of others, but not everything you might expect, for example Alzheimers does not qualify as a mental health condition. If they are being sticklish and not wanting to tell you, ask to speak to a manager, and of they won't tell you any of the above,,, INSIST on a HOTT being sent for a callback from the ESA WCA department at the Benefit Centre and ask them the same questions.



I suspect, given your opening post, you have nothing to be concerned about regarding the deadline of the ESA50. You should do as I suggest to be sure, but then take your time get the help you need to fill it in, - photocopy it- then send signed for delivery. and check after 3 weeks (by phoning) that it is showing as received in MSRS.

Very strange that since MY ESA form returning deadline was actually extended by 10 days last year! and i don't claim for mental health.

poppy12345 wrote: »

Very strange that since MY ESA form returning deadline was actually extended by 10 days last year! and i don't claim for mental health.

There is no regulation that allows for an extension.

There is a Regulation which states that a claimant will be treated to have No Limited Capacity to Work if the requested information is not recieved within the prescribed time limits.

Any DWP employee who strays from this path is not following the law. What should happen if the deadline is reached is the case should be referred to a DM, if, by the time the DM gets the case, the form has not been received, then the claim should be closed. Subject to possibly being reopened when it is received. There are no exceptions, the DM is not allowed (under the law) to say to himself, "oh look this claimant called us on 14/08/2017 and said it would be late, and the person they spoke to has put a note on saying they can have an extra 14 days, that's ok then, I will not close the claim." They are simply not allowed to do that, the facts will be
* What is the deadline?
* Has the form been received by that deadline?
If the answer is "No" the claim must be closed.

Who gave you that advice? Was it the person you phoned or a person who called you back from the BC? Either way, you took a risk in trusting them. That risk would be mitigated if they put a note on your file, which you wouldn't know if they had done or not unless you phoned back 30 minutes later and asked someone else if a note has been put on your file dated today.... and what does it say. The worst that would happen (if there is a note) is your claim would have been closed, but when your form was received the DM would have considered that a DWP person gave you incorrect assurances and they would re-open your claim.

The worst that would happen if there was no note on your file of the conversation, is that your claim would have closed and been refused to be re-opened, and you would have to make a new claim. You would not be paid for the gap between your old claim being closed and the date the form was eventually received.

epitome wrote: »

There is no regulation that allows for an extension.

There is a Regulation which states that a claimant will be treated to have No Limited Capacity to Work if the requested information is not recieved within the prescribed time limits.

Any DWP employee who strays from this path is not following the law. What should happen if the deadline is reached is the case should be referred to a DM, if, by the time the DM gets the case, the form has not been received, then the claim should be closed. Subject to being reopened when it is received. There are no exceptions, the DM is not allowed (under the law) to say to himself, "oh look this claimant called us on 14/08/2017 and said it would be late, and the person they spoke to has put a note on saying they can have an extra 14 days, that's ok then, I will not close the claim." They are simply not allowed to do that, the facts will be
* What is the deadline?
* Has the form been received by that deadline?
If the answer is "No" the claim must be closed.

Who gave you that advice? Was it the person you phoned or a person who called you back from the BC? Either way, you took a risk in trusting them. That risk would be mitigated if they put a note on your file, which you wouldn't know if they had done or not unless you phoned back 30 minutes later and asked someone else if a note has been put on your file dated today.... and what does it say. The worst that would happen (if there is a note) is your claim would have been closed, but when your form was received the DM would have considered that a DWP person gave you incorrect assurances and they would re-open your claim.

The worst that would happen if there was no note on your file of the conversation, is that your claim would have closed and been refused to be re-opened, and you would have to make a new claim. You would not be paid for the gap between your old claim being closed and the date the form was eventually received.

All i know is that i was given the extention, it was the person i spoke to from DWP. It was August last year. I sent all my evidence with the ESA50 form. I had a paper based decision and was kept in the Support Group.