ESA

Client was on CB ESA and was moved from SG to WRAG sometime early last year. I have been told a few different decision dates by ESA but the one they seem most sure of is 20/02/20. Apparently the notes on their system give contrasting information and even say she is in the SG when she isn’t.

Either way, 365 days ran out and CB ESA recently stopped before client was reassessed. Client was in and out of hospital early last year and either didn’t receive or missed the decision letter.

Therefore I am trying to do a late MR. I have spoken to ESA 3 times now over the phone and they say ‘we will put it through to the team’. However ‘the team’ are refusing to register an MR.

They called client yesterday and say it is longer than 12 months so not possible (client is absolutely sure they said 12 months not 13)

Client now sick of it all and doesn’t want to bother calling them again so I am trying to go through MP/partnership manager.

What I want to know is, can we just lodge an appeal? At this rate the 13 months is going to expire in a week’s time and ESA will still be refusing to accept the MR.

Thanks

I think that you raised this in another thread, or someone else raised a similar case.

Your client could probably put in an appeal on the basis of the Connor decision but the DWP could object to it on the grounds of it being late. The Judge would then need to decide whether to admit it. On the face of it, there is no particularly convincing reason why the request is being made almost a year late. Consequently you would not be particularly optimistic that the appeal would be admitted at all.

The advantage of going through the MR process is that this avoids the need for you to convince the Tribunal to extend time. If an MR goes in within the absolute time limit and includes a request for extension of time, then even if DWP refuse to extend time, the MR requirement is complete and your client has a complete right of appeal on the merits.

You have said that the call centre folks are refusing to admit the MR. This is of course nonsense. I would prefer in a case like this to submit the MR in writing by recorded delivery as then there can be no dispute that it was received within the time limit. If there are issues with it, they can then be resolved without the time limit hanging over your head. In theory you could maybe argue that the call centre person purporting to refuse to deal with your MR is itself sufficient to get over the MR hurdle but I would ideally want to avoid having to make that sort of argument.

Thanks as always Elliot! Good point about the lateness, MR more preferable than relying on Tribunal showing mercy to how late it is.

I usually do every single MR in writing but the client keeps going into hospital and I’ve no idea how long for each time (thankfully she is usually in and out in a day or so but that’s not guaranteed) so sending out forms of authority or MR letters for her to sign and send on is just going to run the time limit out if she isn’t at her address. Also given that after 3 phone calls I have been told 3 different decision dates I just wanted to get it in asap!

Also usual lockdown issues of having to get colleagues to do my printing, not having any first class stamps, DWP taking ages to scan stuff onto the system. I thought a phone call would be wiser in this case, especially as we don’t even have a decision letter to base a written MR on and no evidence to send in anyway.

I was hoping they would just register the MR, and either make a decision or allow us time to get something sent in in writing but they are flat out refusing every time I try because their system does not give them one decision date and the system notes say she should be in the support group but the system has put her in WRAG. Every time they go off and check and then come back and say they will have to ‘put it to the team’ then the team says no or ignores the issue entirely.

Maybe one of the different decision dates they gave us was actually right and time has now elapsed which is fine but I want to be sure of that so that I’ve at least exhausted all options.

Will see if MP/partnership manager can get anywhere and send an MR in writing in anyway

EDIT: Sorry Elliot, I missed your first line. Yeah I posted about this client in terms of the general CB ESA ending and you responded so probably thinking of the same person!