× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

ESA Delay in assessment

DDP
forum member

The Terrence Higgins Trust

Send message

Total Posts: 102

Joined: 7 September 2010

The claimant has been in receipt of contributory employment and support allowance since 10 July 2015. He completed form ESA50 on 22 September 2015. He provided medical evidence directly to CHDA which supported his contention that he should be placed in the Support Group. The medical evidence confirmed a diagnosis of psychosis, depression, low mood and substance misuse. The letter from his consultant stated “I am convinced he will be unable to maintain any successful employment at the current time…I am unable to put a time on when I think he will be fit for work again…” He suggested that a further report be sought in 6 months time.

When we saw the claimant in May 2016 it was at the time that his contributory ESA was approaching the 52 week limit and ensured that he continued to get income-related ESA.

We sought clarification of why the claimant had not been assessed.

The claimant underwent an assessment on 13 August 2016 – more than a year after the initial claim – and on 30 September 2016 a decision was made that he did not have limited capability for work. We have sought MR and are now submitting an appeal.

The question we have is:

1. Based on the medical evidence the claimant had a strong case to argue that he should be in the Support Group from the 13th week after his claim.
2. There is a sufficiently strong case to argue that by the time of the actual assessment he would have retained entitlement to ESA but possibly only for WRAG.

However, even if there were no entitlement to ESA from the date of the decision on the claim, that is 30 September 2016 there is patently a case for entitlement for a significant period after the 13th week. The DWP have simply not awarded any component from the 13th week.

Is there any case law on such cases or anything in the Regulations that we can use to argue the case?

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 3196

Joined: 7 January 2016

It’s been discussed before on here, see this thread which has links to 2 other more substantive threads of discussion.

compensation for WRA component due to delay in WCA