Adviser, Citizens Advice Shropshire Member since 27th Jan 2004
New LCFW assessment during appeal? Mon 18-Jan-10 10:05 AM
I have a client who failed the LCFW assessment and is appealing so is still in receipt of ESA and so (as I understand it) is still in the assessment phase.
He is both beyond 6 months from the date of the decision re LCFW and there is evidence that his condition has significantly worsened.
I don't know what to advise re the worsened condition while we are waiting for an appeal date. He could wait for the appeal outcome and then reapply, but would it be advisable to ask for a fresh determination regarding LCFW now so as to bring forward the end of the assessment phase? Is it meaningful to do so while he is still in the assessment phase because of the appeal? I presume the Tribunal will still be bound to consider how he was when the decison was made, and I don't see how Reg 30 fits in with Reg 6 and 7 in this respect.
Welfare Rights Adviser, Disability Association Carlisle & Eden Member since 25th Jan 2006
RE: New LCFW assessment during appeal? Tue 26-Jan-10 08:39 AM
My experience with similar situation - clients condition worsened. Advised by JCP to get a sick note from GP with date of change and submit with a letter. Appeal was cancelled and she has another medial next week.