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

FTA WCA

CDV Adviser
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My client suffers from depression and anxiety and has a carer that is available in the late afternoon. We requested a home visit for the WCA for after 2pm. The client received a letter stating the appointment was between 9-10. I contacted the assessment centre and asked if it could be moved to 2pm. The lady said she didn’t think it would be possible but she would speak to the doctor and contact the client.

Neither my client nor I heard anything back.

The doctor arrived on the day at 2:15 and my client wasn’t dressed and her carer was not present. Therefore, she couldn’t undertake the essessment. When I spoke to the assessment centre, they said they had tried to contact the client but without success. Having looked at the clients call logs I can’t find any missed calls.

I wrote to the DWP for good cause as my client was not informed that the appointment had been changed but this has not been accepted. They state that they wrote to her 7 days on advance. However, that was for the original appointment time.

I’m about to request a MR. Has anyone had any success getting these changed? I can’t see how she can fail to attend an appointment she didn’t know about.

Any advice much appreciated.

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She has requested a MR. Does she have to wait until the MR decision to reclaim ESA as a severe deterioration of her condition? Can she make a new claim to ESA whilst appealing the FTA?

Thanks

Dan_Manville
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She doesn’t need to show a deterioration but she will have to wait for the WCA before the new claim goes into payment. More likely that the MR will be successful and the old claim will go back into payment. However belt & braces says best to get the new claim in ASAP.

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MR refused. I can’t believe it. The DWP are definitely getting worse by the minute.

ElaineS
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I had a case like this.  I did the appeal which was heard reasonably quickly.  Just one Judge and case was overturned.  However, I had made a new claim in the meantime just in case Tribunal did not agree good cause for not attending WCA.  As previously stated won’t put new claim into payment until medical assessment attended.

Not a lot of help in the meantime though.

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ElaineS - 08 March 2017 12:01 PM

As previously stated won’t put new claim into payment until medical assessment attended.

I don’t suppose they’ll arrange this quickly either. Especially as it’s a home visit.

Thanks to all.

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The DWP will not accept a new claim. They have told her she will have to wait for the tribunal decision. They also told her that if she did claim, a decision maker would simply disallow it! Should she apply using an ESA1? Has anyone had this problem?

Thanks in advance

Dan_Manville
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Phil R - 09 March 2017 12:17 PM

The DWP will not accept a new claim. They have told her she will have to wait for the tribunal decision. They also told her that if she did claim, a decision maker would simply disallow it! Should she apply using an ESA1? Has anyone had this problem?

Thanks in advance

If it were me I would roast the call handler; escalate it to a supervisor and make sure they accepted the claim.

Or send in an ESA1

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Client has now been told they will not make a decision on the new claim until the appeal has been heard on the old claim. I can’t believe I used to work for this shower.