ESA denied due to 'form not received in time' i got proof they did - help!

epitome

psammead wrote: »

I realise there is a time delay between them receiving it and it getting to the right dept but i would have thought that 10 days starts the day after the deadline for getting the form back to them. So if they state on the letter the form must be back 'no later than the 8th July 2013' they then allow another 10 days after this for it to reach the right dept? Otherwise the date it should reach them is in fact not the 8th but 10 days before that?! Then again that sounds like common sense which i don't think these companies have lol!

No, the deadline is the deadline, if ATOS does not update the computer records that they have received the ESA50, then the computer automatically closes the claim and the computer sends out the letter.

To re-open the claim you have to provide written explanation of what happened with any evidence you have. No point phoning ESA at all except to ask them to book you an appointment at the jobcentre to have these reasons & evidences emailed across.

rogerblack

epitome wrote: »

No, the deadline is the deadline, if ATOS does not update the computer records that they have received the ESA50, then the computer automatically closes the claim and the computer sends out the letter.

I disagree.
I've had a related thing happen - medical note ran out during assessment period, and the new one diddn't get through their system in time for an auto-generated letter to be sent out - though it had actually reached them.
On phoning up, it was a fairly simple process - as they could now 'see' the letter was on file - and the ESA was restarted without issue.

missapril75

I agree with RogerBlack

If they can see that something was received in time and that closing the claim was, therefore, incorrect they should correct this by reopening the claim.

Having said that there will always be some staff who are trained that if a claim is closed, a new claim is required to open it and they don't have the gumption to realise a mistake should be corrected by those making the mistake rather than an innocent party having to reapply.

Or they might see the "dormant" claim on their system and not know how to make it 'live' again other than by recording a new claim and they wont be happy about that because they don't physically have a new claim to justify their system access (it's an internal thing).

If they confirm they did get it after all but insist on a written explanation or a new claim, ask for a senior person. They will know how it should be corrected.

epitome

rogerblack wrote: »

I disagree.
I've had a related thing happen - medical note ran out during assessment period, and the new one diddn't get through their system in time for an auto-generated letter to be sent out - though it had actually reached them.
On phoning up, it was a fairly simple process - as they could now 'see' the letter was on file - and the ESA was restarted without issue.

That's an entirely different kettle of fish, a late cert does not close a claim it only stops payment. The cert is found, put into the system and the payment is issued.... easy

This scenario has a closed claim, because ATOS has not recorded they have the ESA50. The DWP (ESA) wont be able to do anything unless ATOS has subsequently updated their records (assuming they can) OR the customer writes in with FTRQ reasons.

*Assuming ATOS does find the ESA50 it will depend on what their protocols are, I believe their protocol is to send the ESA50 to the ESA BC in the ESA55, whereupon the BDC will send it to a decision maker (because the claim is now closed). The decision maker will usually take up to 2 weeks to consider re-opening the claim.

*Assuming ATOS does not find the ESA50, the claim will remain closed until the customer sends in FTRQ reasons for consideration, it will go to a DM and if good cause is given the claim will be re-opened. Again expect this process to take upto 2 weeks. A new ESA50 will be required.

Only a Decision Maker can re-open this claim now that it is closed.

I don't think anyone in the thread has suggested a new claim will be needed. But it is an option the OP has, however, a new claim would not pay any money until after assessment.

psammead

Quick update -

Just got off phone to DWP and they confirmed they had got the form but that it had not reached the processing room in time so the letter was automatically sent out. She said the form had now reached the processing room and she emailed them to get a decision maker to call us back confirming the case has been reopened and possibly with a decision. She also added this happens quite frequently and there was nothing to worry about - as they had got the form before the cut off date there was no need to write any letters explaining anything and that she had never heard of any claims not being reopened in situations like this so feeling much happier now. Just got to wait for a phone call confirming everything now!

psammead

Well must had a phone call from a wonderfully helpful guy at DWP. He's overturned the letter and started a rapid decision process as they got form in time. We should hear from them within 1 week with a decision, all benefits are now back in place and the local authorities informed there has been no break in payment so housing and council benefits should be unaffected but if there are any problems just to call him back (he gave me his extention number) and he would contact them and tell them for us.

So glad i did call the DWP as within the hour we had got an answer and everything sorted without having to send in letters or take appointments with anyone. Didn't have to speak to ATOS at all.

Thank you to everyone who gave me advise, it really helped me feel calmer.

Have a great day everyone

starlight29

Yep exactly what happened to my uncle glad its all being sorted hope u get the decision soon


Starlight

Haviton

Not being funny eptiome but I think your reply using all the abbreviations etc just confused the OP and in the end your advice not to ring has prooved not to be the correct course of action in this case.

epitome

They were lucky there was a note to say the ESA50 had been received on time. It could so easily have gone the other way.

I didn't say not to call the ESA, I said prepare your documents *then* call ESA. If when they had called ESA it could be easily sorted out (because there is a note of receipt) then great, but if they had said "you have to send in reasons" the OP would have been prepared and said "Already done, please book me an appointment so I can get them emailed over to you".

I also said "If you decide to post these reasons & docs then there is no need to call ESA on Monday" i.e. no need to call to say you are sending in the reasons.

I also said to "call ATOS to see whether they have it as received (this is a free phonecall so makes sense to call them first) in this case ATOS would have said "Yes we have it and have logged it... you should now call DWP."

So what I said would have gotten the same result.

And we have it confirmed that the claim is closed and needs a DM to re-open it like I said would happen.

missapril75

epitome wrote: »

.....however, a new claim would not pay any money until after assessment.

There would have been another problem too, a technical one - assuming the computer system is the same as when I was there.

But it's all moot now.