× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

Premature ESA50s

benefitsadviser
forum member

Sunderland West Advice Project

Send message

Total Posts: 1003

Joined: 22 June 2010

Has anyone noticed how quick ESA50s are coming thru now??

I have a client who was claiming IS for incapacity for her and her husband for many years who has passed away 2 weeks ago.

She has put in a claim for ESA but the dept refuse to process the claim without her P45, which she doesnt have? I will sort that one but what ticks me off is that although they refuse to process her claim they have sent her an ESA50

Thats about 3 new claims ive had this week where ESA50s were issued before the claim even went into payment.

I thought that the evaluation of LCW was only to be considered after week 13 if the claimants claim was still open.

Not to mention that i have some clients still on assessment phase after a year anyway…......

1964
forum member

Deputy Manager, Reading Community Welfare Rights Unit

Send message

Total Posts: 1711

Joined: 16 June 2010

Yes, I’ve noticed it too. It’s rather adding insult to injury isn’t it especially when (as you say) they won’t be assessed for at least a year.

Indeed, these time delays cause real problems. I’m working on an appeal sub as we speak for a client who completed her ESA50 (with our assistance) in April 2013 and finally attended her WCA (nil points)in June 2014. By the time of her assessment the physical condition she had at the time of the ESA50 had substantially improved ban underlying (and linked) mental health condition was still present. This seems to have been relatively minor at the time of her assessment but by the time of the decision (late July) it was significantly worse and she was hospitalised a week after the decision was made. DWP is, of course, arguing that this cannot be taken into account as it wasn’t current at the time of the assessment whilst on the other hand, rejecting her subsequent new claim on the grounds that there is insufficient evidence of a deterioration or new condition….

benefitsadviser
forum member

Sunderland West Advice Project

Send message

Total Posts: 1003

Joined: 22 June 2010

Ive had this issue before. Client of mine badly smashed up in a motorbike accident.

Week 13 of claim still badly affected

14 months later got WCA and had healed to the point where he could just about manage to fulfil descriptors

DWP refusing to acknowledge that LCW should be considered from week 13 as he failed his WCA

The words"having cake” and “eating it” spring to mind…...

MR refused. We shall see what HMCTS have to say

MNM
forum member

Solicitor, French & Co Solicitors, Nottingham

Send message

Total Posts: 140

Joined: 6 November 2012

This raises a lot of issues like when to notify of changes in circumstances ...

If client improves between week 13 and WCA does client notify the DWP?

If client continually worsens between date of claim and WCA does client lodge multiple supercessions to be placed in SG (bypassing WCA)?

Fran Maloney
forum member

East Sussex Welfare Reform Project/BHT

Send message

Total Posts: 17

Joined: 14 April 2014

benefitsadviser - 21 November 2014 12:01 PM

Ive had this issue before. Client of mine badly smashed up in a motorbike accident.

Week 13 of claim still badly affected

14 months later got WCA and had healed to the point where he could just about manage to fulfil descriptors

I’ve just had a similar case. Homeless man admitted to an acute psych unit, claimed ESA on discharge 13 months ago, now rehoused, benefits in place etc and of course, his mental health is much improved.

13 weeks into the claim he definitely would have passed his WCA, but he failed it as he’s so much better now.

That delay must have cost him about £1,200…

Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

Fran Maloney - 21 November 2014 01:19 PM
benefitsadviser - 21 November 2014 12:01 PM

Ive had this issue before. Client of mine badly smashed up in a motorbike accident.

Week 13 of claim still badly affected

14 months later got WCA and had healed to the point where he could just about manage to fulfil descriptors

I’ve just had a similar case. Homeless man admitted to an acute psych unit, claimed ESA on discharge 13 months ago, now rehoused, benefits in place etc and of course, his mental health is much improved.

13 weeks into the claim he definitely would have passed his WCA, but he failed it as he’s so much better now.

That delay must have cost him about £1,200…

personally I think people should be making small claims on misfeasance grounds.