Forum Home → Discussion → Work capability issues and ESA → Thread
An adjudication quandary
I’ve got a client who qualified for CESA but not IRESA. He made a new claim and when he was assessed he would have qualified for the EDP but for a lump of capital that was poorly assessed; had he been assessed solely on his actual capital he would have qualified. There are very good reasons why he will eventually be found not to have deprived himself of the balance.
I sought recon of the decision last year and there’s been a lot of jiggery pokery. I’m out of time to challenge the original award decision however when it was made it was correct; the Support Group determination should have triggered reassessment of the IR award but it didn’t. Now I’ve got a feeling that JCP are seeing the WCA decision as simply that; the WCA and not a reassessment of the IR element.
Although they reduced the capital figure when I finally pushed the recon to determination, they are now denying that there has been a reconsideration decision and to be on the safe side I’ve refreshed the application, however if they refuse to reconsider the WCA/IR determination I think I will be seeking JR. CTS took their word for it that there has been no reconsideration when I submitted the SSCS1 and I’m now down to hoping a Judge will ask them “what was the capital figure in Feb, and what is the capital figure now” which will clarify it.
Anyone got any ideas how I might manage this? Is it too presumptuous to tell the Judiciary what I want them to ask of JCP (or indeed hope that they read it here)
Happy New Year!
If DWP have made a wrong decision based on misinterpretation of the available facts then shouldn’t they be looking at it as an Any Time Revision?
If DWP have made a wrong decision based on misinterpretation of the available facts then shouldn’t they be looking at it as an Any Time Revision?
Yes but if they refuse to revise I’ve scuppered the appeal right. I think I need to bash on at the original decision. Happy to be contradicted though.
Does it have to be a case of either/or?
I can think of plenty of District Judges who would be prepared to countenance the proposition that there has in fact been a revision despite the DWP denying it, so long as it was explained with sufficient clarity (and evidence) why this has to be the case - and who would then issue directions accordingly. Bit of a lottery though - I am currently struggling to get directions requests placed before a judge at all…..
And pursue JR or the threat of JR at the same time in case you get the the knock-back from HMC&TS;....