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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Late submission of ESA 50

Kate S
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Staying Put services, Shepherds Bush Housing Group

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I met with my client last week, but his ESA 50 was due to be submitted by the 27th March and we were a few days late. My client did not have the form with him, and I called them up to explain that the form would be a bit late. They said to submit the form asap with ‘good cause’ explanation, but that the claim had been stopped or suspended ( I can’t remember which). The client could not find the ESA 50 form and requested a new one. which has been sent to him, and must be submitted by the 10th April.( he is coming to see me tomorrow).

Will I have to submit not only good cause but also a mandatory reconsideration to cover the previous period?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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If I were you I’d ring JCP and check whether the ESA award has stopped yet. They can be pretty hit and miss and if your client’s vulnerable they mgith not stop it at all.

Shazz
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Welfare Reform Team Northwards Housing Manchester

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I’ve been dealing with a case where my client was supposed to complete the ESA50 back in November 2014 but dropped off the radar. He presented last week 16th April 2015. I phoned the benefit enquiry line for advice and was told to submit an ESA50 which could be downloaded and sent to the Benefit Handling Centre along with the FIT note. I did this and when I called the benefit enquiry line a week later (today) and told by a different DWP advisor that I shouldn’t have been told to do this and that my client should’ve submitted a new claim! So another week added to the wait! There was also no record on the system of the conversation I had had.

There was also no record of the ESA50 or FIT note being received. I asked what would happen about this and they said it will probably get returned in the post to my client as this claim is closed. I asked them to return to me because of the clients vulnerability, so they said they will update their system to say this. I feel like I’m on a merry-go-round and my client is in a desperate position.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Shazz - 23 April 2015 10:39 AM

I’ve been dealing with a case where my client was supposed to complete the ESA50 back in November 2014 but dropped off the radar. He presented last week 16th April 2015. I phoned the benefit enquiry line for advice and was told to submit an ESA50 which could be downloaded and sent to the Benefit Handling Centre along with the FIT note. I did this and when I called the benefit enquiry line a week later (today) and told by a different DWP advisor that I shouldn’t have been told to do this and that my client should’ve submitted a new claim! So another week added to the wait! There was also no record on the system of the conversation I had had.

There was also no record of the ESA50 or FIT note being received. I asked what would happen about this and they said it will probably get returned in the post to my client as this claim is closed. I asked them to return to me because of the clients vulnerability, so they said they will update their system to say this. I feel like I’m on a merry-go-round and my client is in a desperate position.

Late MR against the decision on no good cause for failure to return the ESA50 and a new claim is in order.

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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I was once told that “the claim is kept open for {number] weeks, in case we get it late. If good cause is accepted, we reinstate payments. After that, you have to claim afresh”.

My approach is cover all bases by requesting reconsideration of the refusal decision and submitting a new ESA50 including reasons for lateness.

Shazz
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Welfare Reform Team Northwards Housing Manchester

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Thanks everyone. Well I’ve already sent the ESA50 back last week with details of why it was late and also put new claim in today. What I can’t understand is why there was no record of my conversation with them on their system. By being given this incorrect advice it has delayed it further. I did ask should I put in a new claim but was told not to just to send back the ESA50 with the reason why it was late

Shazz
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Welfare Reform Team Northwards Housing Manchester

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Just to update. I called the benefit enquiry line last week and was told that the ESA50 had been sent to medical services and that client just needs to wait to be called for a medical. I explained that I had previously been told to submit a new claim which I had done. It appears what they have done is to pay the client from the start date of the latest claim but send through the ESA50 which I had completed the week before with client. Client was awarded assessment phase of ESA from the date that I put the telephone application in. I was expecting to receive a new ESA50 form for the new claim. Totally confused getting told different things each time I phone up.