essa50 not received

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Son's essa has been stopped because they did not receive his form in time. Well i did send it in but it has gone missing in the post. I have proof of posting. I phoned up and was advised to put in a mandatory reconsideration and send in the proof but this may take a while. Anyone else had this problem and what was the outcome.
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  • poppy12345
    poppy12345 Posts: 17,960 Forumite
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    Did you not use recorded delivery (signed for)? Proof of posting doesn't mean it's arrived there. I was adviced in the past to always use recorded delivery and not just proof of posting. I'm not sure what else you can do except wait for the MR decision. Others may have more advice but it's important they recieve that ESA50 within that deadline.
  • epitome
    epitome Posts: 3,199 Forumite
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    You do not do a Mandatory Reconsideration for this..... Not yet anyway...

    They will send you a duplicate form, and/or you can pick up a duplicate form from the Jobcentre.

    You fill out the duplicate, on page 2 you put the reasons why the duplicate is being returned after the dead line....
    You phone ESA or the Jobcentre and ask them to make you an appointment at the jobcentre for "scanning ESA50" You go to jobcentre appointment and it is scanned to ESA Benefit Centre.....
    Whereupon it will go to a Decision Maker, you wait for the decision, phone up after 1 week for an update.


    **if you do a Man Recon now, they have not got your ESA50 so they CANNOT POSSIBLY overturn the decision. They can only overturn it when they have the ESA50, and if they do not overturn it once they have the ESA50...then that is when you make a Man Recon request.

    The best advice is also as well as doing all the above, is to also make a new claim now from the date the previous pne was closed, while you wait for the decision to be made. If the decision is not overturned you will have already made a new claim and you will be in a better position to move forward. - up to you. If the decision is overturned the new claim that you made will be ignored and you will be back on the original claim.
  • elle_may
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    epitome wrote: »
    You do not do a Mandatory Reconsideration for this..... Not yet anyway...

    They will send you a duplicate form, and/or you can pick up a duplicate form from the Jobcentre.

    You fill out the duplicate, on page 2 you put the reasons why the duplicate is being returned after the dead line....
    You phone ESA or the Jobcentre and ask them to make you an appointment at the jobcentre for "scanning ESA50" You go to jobcentre appointment and it is scanned to ESA Benefit Centre.....
    Whereupon it will go to a Decision Maker, you wait for the decision, phone up after 1 week for an update.


    **if you do a Man Recon now, they have not got your ESA50 so they CANNOT POSSIBLY overturn the decision. They can only overturn it when they have the ESA50, and if they do not overturn it once they have the ESA50...then that is when you make a Man Recon request.

    The best advice is also as well as doing all the above, is to also make a new claim now from the date the previous pne was closed, while you wait for the decision to be made. If the decision is not overturned you will have already made a new claim and you will be in a better position to move forward. - up to you. If the decision is overturned the new claim that you made will be ignored and you will be back on the original claim.

    I was told to put in for MR by essa and i did, went to cab and said the same and to put in for jobseeker's allowance .not done that yet. Phoned essa again not yet received mr letter. put onto another person who checked if they had got the essa 50 form, still not received. They did not say they would send another form to fill in .I have been told by both essa and job centre this, so i just followed their advice, don't know what to do now for the best should i just wait as cab said for MR decision and claim JSA for son.
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
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    From experience, use only special delivery. It has proof of posting and a signature when delivered. Recorded delivery should get signature when delivered but at times it goes with normal mail and sometimes doesn't get signature.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 13 September 2017 at 9:13PM
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    elle_may wrote: »
    I was told to put in for MR by essa and i did, went to cab and said the same and to put in for jobseeker's allowance .not done that yet. Phoned essa again not yet received mr letter. put onto another person who checked if they had got the essa 50 form, still not received. They did not say they would send another form to fill in .I have been told by both essa and job centre this, so i just followed their advice, don't know what to do now for the best should i just wait as cab said for MR decision and claim JSA for son.

    Trust me, I know what I am talking about. Ignore everything you have been told so far.... If they have not got your ESA50 they cannot overturn the decision on MR.

    You MUST send in an ESA50 that they recieve, this usually means <in your circumstances> sending in a duplicate ASAP by jobcentre appointment to have it scanned. They must also have your reasons for late ESA50, this is usually written onto the duplicate ESA50.... Your alternative is to wait for your existing ESA50 to be received by CHDA, CHDA sends it to DWP, and then they must have your reasons for lateness given over the phone.... The first option (a duplicate scanned) is the quickest way to get this resolved.

    As I also said you should make a new claim to ESA from the date it was disallowed, while you wait for your ESA50 to be recieved & then a decision to be made, and *after that* you can do an MR if you need to.

    Your new claim to ESA will be ignored if they allow good cause for the late ESA50. But if they do not allow good cause for the late ESA50 then your new claim to ESA will be paid from the date the ESA50 was eventually received.

    As an aside, did they take the Man Recon over the phone from you?..I bet they didn't....but they should have done, if they were advising you that was your next course of action....any talk of "it must be in writing" is bull.

    As another aside, when did you post it? Have you checked with CHDA 0800 2 888777 if has been received (late), and forwarded to the DWP?
  • elle_may
    elle_may Posts: 396 Forumite
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    Thank you for the excellent advice epitdome. As said i should have not been advised to put in a MR first,it was along time and lot's of phone calls back and forth to get a result.I wont bore you with the ins' and outs, but my second Essa50 form olso went missing from the job centre internal mail. Their scanner went down. I filled in another form and this time it was scanned straight to DM.

    After a phone call from a DM and explained i needed to know whether they had excepted my late form reasons, so i did not need to put in an appeal as time was running out. I was told they had, and my sons' claim was reinstated and money was back dated within 2 day's. I olso did a new claim as you said just in case. This should be closed down when they see a live claim.
    Now to wait to see what the decision is on his claim and if he has to go for a assessment. Hope a don't have another fight on my hand's.
  • paragon909
    paragon909 Posts: 1,498 Forumite
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    Normally if you don't send back the ESA50 in time or ignore letters to send it. They will simply make a decision and say you are fit for work and close the claim.

    I know several people who have had this happen. The only way they would reopen claim is if a decision maker was content, Also payment wouldn't be restarted till you go for a medical.
  • elle_may
    elle_may Posts: 396 Forumite
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    paragon909 wrote: »
    Normally if you don't send back the ESA50 in time or ignore letters to send it. They will simply make a decision and say you are fit for work and close the claim.

    I know several people who have had this happen. The only way they would reopen claim is if a decision maker was content, Also payment wouldn't be restarted till you go for a medical.

    I had proof of posting and a MR decision did not change this. Only until they had received the Essa50 after the 3rd try did they over turn it. The full 1mth's payment was in his bank account in 2 day's. I
    have no idea if the job centre's missed 2nd Essa50 had any part in the decision. I only know i could not got it there no matter how i tried.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 15 October 2017 at 8:25PM
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    Any reason you did not follow my advice a month ago..?
  • elle_may
    elle_may Posts: 396 Forumite
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    I did do this, as i sent off the second essa50 on the 18 sept.The JC was trying by sending it through to help me as they knew the first one had got lost in the post.I know you are sceptical about the scanner, but it was not working as they had some one in trying to fix it. I can't fault them as they followed up trying to find where it had gone and added my story to his file. They phoned me up the next day and said to come in straight away to scan the 3rd essa50. I know they often get a bad press but the two girls could not had been any better, and they have followed up on my progress since.

    As i am typing this the post has come and along with the confirmation his money has been issued, and another one saying he has now gone into the support group from wrag.
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