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

Capability for Work Questionnaire straight after ESA tribunal

geep
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WRO, housing management, Notting Hill Housing

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Total Posts: 181

Joined: 24 October 2013

Client has an ESA tribunal hearing on 2 August after she failed the WCA and decision was upheld in the MRN. But the DWP has now sent her a Capability for Work questionnaire which she has to return by 23 August. Any ideas why the DWP has done this, or is it a mistake?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Did client make another claim following WCA failure? Not infrequently happens. If so, ESA50 will be related to that.

Had a client recently where similar happened. Client had completed further ESA50 prior to (successful) WCA appeal and his WCA was scheduled for the week after the tribunal hearing. Thankfully, outcome decision was the same (SG) but that could have been because one of my colleagues attended the WCA with him (and made damn sure the HCP took a copy of the tribunal outcome).

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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Harrassment?

geep
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WRO, housing management, Notting Hill Housing

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Total Posts: 181

Joined: 24 October 2013

I spoke to the ESA benefits centre this morning and they said the ESA50 had been sent in error and that she doesn’t have to return it. I took his name in case any issues arise about her not returning the form within the deadline, although he did say that he has taken it off her claim as a pending issue. We shall see what happens…