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

Two years for an assessment?

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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We requested a review of a clients ESA to go from WRAG to SG.  He’s just contacted us to say he’s been told by DWP that as ATOS are scaling back in our area it could be two years before he is assessed…....

I haven’t followed this up with anyone in DWP yet but wondered if anyone else has been told this and if they have what are they doing about it…..?

benefitsadviser
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Sunderland West Advice Project

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Im having similar issues. I spoke to atos and they said that its Jobcentre plus who select clients for WCA and Jobcentre plus reckon its all down to Atos. Ping pong anyone?

I had a “friendly” discussion with JC+ supervisor about this and they said they could request a quicker WCA from Atos if the delay was causing hardship or deterioration in health. Nothing in the regs (apparently?) so its down to the discretion of Jobcentre Plus.

I kindly remind JC+ that its their department who administers the benefit and its their responsibility, so just trying to pass me off to Atos isnt going to work.

Another method that seems to work is to get your MP involved.

Apart from that im all out of ideas : opinions guys and gals?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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I agree. I can think of at least five recent cases where I’ve had to do exactly that (get the MP involved). In all the cases the supersession request had been outstanding for at least 8 months (and in one case, 18 months).

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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The regs. don’t require an ATOS assessment for a supersession to be made - that’s something for the DM to decide. I would (and have) obtained as much medical evidence as possible - ideally something which directly addresses either the descriptors that will get the client into the support group or reg 35 if that’s the route you’re going down.

And then insist the DM carries out the supersession on the available evidence. Threaten JR if they then refuse to make a decision (obviously, even a negative supersession decision opens the route to MR and appeal).

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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Thanks all. I have a liaison in JC+ that i will contact first.

I was always a big advocate of using our local MP but unfortunately this avenue of help isn’t as effective now as it used to be…big shame.

FIT Advisor
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benefit advice officer, three rivers housing association, co durham

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I had a WRAG client moved to SG following an award of PIP which included the highest daily living rate. We had a pending appeal (which could have failed) but department used the evidence from the PIP medical. But advice above very useful to bear in mind. Whole process is becoming a nightmare for everyone.