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ESA decision by DWP without ESA50 form or medical

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10 years 1 month ago #133085 by Support
Dear Forum,
I have been ill for just over 12 months and have been allocated to income related working element ESA despite my obvious difficulties. I only receive 10p a week due to my wife's part time wage and the whole situation has left me scratching my head !
I need help !
The DWP managed to make this decision despite me not being sent a EAS50 form to return nor having a medical !!
I never knew that the EAS50 form existed hence in my Mandatory Reconsideration I never referred to it. I sent copious hospital/doctor papers relating to my illness only to for my request to be placed in the Group ESA turned down.
The DWP have conceded that they have not got a EAS50 from me on file nor that I have ever been medically assessed which has left me asking how have they assessed me ??

I know I can now formally appeal this decision however I'm trying to get as much help and advice before I formally write back to the DWP.

Has this happened to you or do you know someone I would like to know what you did. Or do you have advice on how I should move forward, I would be very grateful to hear from you.

Thanks

Sean

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10 years 1 month ago #133090 by Gordon
Support

This would have to be a first.

Are you sure that a Decision has been made on your claim? We have had, possibly still have, a number of members who have waited more than a year for their claim to be assessed and for a Decision to be made. I would have expected your ESA payments to increase if you have been put in the WRAG!

Is this your first claim for ESA, have you claimed and other sickness or disability benefits before? I struggling to understand how the DWP can claim to have made a Decision with no information from yourself and as a consequence no access to your GP or other health professionals who may be helping you and of course no assessment. However, the downside to this is that if a Decision has been made it may be unsafe and you may be put back into the assessment phase.

If you have had a Mandatory Reconsideration then you should also have received an MR Notice, if you have this document then you can make an appeal to the Tribunal Service, see our ESA MR & Appeal guide for more details.

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have any specific questions, then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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