Forum Home → Discussion → Work capability issues and ESA → Thread
ESA and WCA delays
Apologies if this has been addressed elsewhere.
I spoke to a support worker here who said she has client who is getting ESA assessment phase rate and has passed 13 week assessment phase time limit for having WCA. She phoned ATOS and was told that no indication could be given as to how long he might have to wait for his WCA and that ‘there are people who have been waiting since last year with no money’ i.e. he needs to be grateful for the £71.70 and clear off. The ATOS employee also said that they were waiting for assistance with their assessment backlog from HM government but this was not forthcoming. The support worker also phoned the DWP and was informed that as the papers were with ATOS for assessment there was nothing they could do regarding the WCA.
Incredulity aside - are there any tactics that can be employed to try and get an assessment ASAP and/or having briefly scanned J Mckendrick’s thread on payment of WRAG component after 13 weeks is this an argument my colleague could use for her client?
Hoping this makes sense
Apologies if this has been addressed elsewhere.
I spoke to a support worker here who said she has client who is getting ESA assessment phase rate and has passed 13 week assessment phase time limit for having WCA. She phoned ATOS and was told that no indication could be given as to how long he might have to wait for his WCA and that ‘there are people who have been waiting since last year with no money’ i.e. he needs to be grateful for the £71.70 and clear off. The ATOS employee also said that they were waiting for assistance with their assessment backlog from HM government but this was not forthcoming. The support worker also phoned the DWP and was informed that as the papers were with ATOS for assessment there was nothing they could do regarding the WCA.
Incredulity aside - are there any tactics that can be employed to try and get an assessment ASAP and/or having briefly scanned J Mckendrick’s thread on payment of WRAG component after 13 weeks is this an argument my colleague could use for her client?
Hoping this makes sense
If the client is willing and able to take an assessment at short notice (potentially next day) I have had luck on one occasion in badgering ATOS to grant them an assessment at short notice where somebody else has cancelled their own.
The delays do seem to be getting worse; I spoke to someone yesterday who’s been in the assessment phase since February and no sign of a medical yet.
Prior to 29th April 2013 it was possible to argue that the WRAC was payable after week 13 if no medical had taken place etc as per successful First Tier Tribunal decisions (NB however subject to anticipated Upper Tribunal findings). NB on the 29th April 2013 the new ESA Regs were introduced where at Reg 5(1),(2)&(3) this loophole has been addressed in that if an applicant hasn’t been examined within the 13 week period then now the assessment phase ends (for the purpose of payment) carries on to whenever the DWP and ATOS bother to get round to it. I cannot understand how this legislation has not been challenged as it almost encourages the DWP to delay medicals for as long as possible!
Thanks for clarifying this for me. Not great news for the client. I will pass on your replies to my colleague.
Came across a case yesterday where client claimed ESA in August 2013 and STILL on assessment rate. Phoned DWP and told nothing to do with them….phone ATOS.
ATOS say they wrote to clients GP in September 2013 following reciept of ESA50 and he failed to reply until 16/01/2014!!!!! They will now decide whether they can recommend decision to Decision Maker or whether “face to face” assessment appointment will now be made.
Shocking treatment I am sure all will agree.
My main concern is that in August client was diagnosed with cancer and had kidney removed. He is now doing very well and made a good recovery.
Now if he was assessed at the proper time it was a certainty he would have satisfied WCA and additional payments would be in place for past 5/6 months.
HOWEVER he could fail a medical tomorrow and never recieve the additional component.
Surely the assessment should be how he was BACK IN AUGUST!!!!
I have several clients with assessments outstanding from ESA50s completed in June 2013. And this is a selection of new claims, reviews and migration cases.
We were told at a DWP liaison meeting on Monday that there had been severe delays caused by a lot closer auditing of Atos and it’s HCPs and that hopefully they should now be coming through more rapidly.
I did have a call yesterday from one of this group that has now had a date for their migration assessment so maybe this is true….
I have several clients with assessments outstanding from ESA50s completed in June 2013. And this is a selection of new claims, reviews and migration cases.
We were told at a DWP liaison meeting on Monday that there had been severe delays caused by a lot closer auditing of Atos and it’s HCPs and that hopefully they should now be coming through more rapidly.I did have a call yesterday from one of this group that has now had a date for their migration assessment so maybe this is true….
The problem being that they might now fail an assessment which if carried out at the correct time they would have satisfied. I think a great many folk are losing out on benefit entitlement they had a great need for, and lawful entitlement to, all down to shocking administration of DWP/ATOS.