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

No main phase payment

Colin Hannon - Welfare Benefits Adviser
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I have a client who’s ESA was stopped as DWP claim he never attended a WCA , he insists that he never received any written invitation to attend a WCA , I have put in a Mandatory reconsideration and rapid reclaim for him but they will not pay any main phase until he has attended a WCA , he has been waiting 6 weeks up to now and is surviving off food bank vouchers . Surely as DWP do not send out correspondents which are recorded delivery the MR is a no brainier as case law stipulates the benefit of the doubt weighs towards the appellant , the 6 weeks he’s been waiting is on top of the 15 he had already waited before DWP had ended his claim .

All views greatly valued

Ben E Fitz
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Welfare Benefits Caseworker, Manchester CAB Manchester

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Write to the DWP stressing the financial hardship your client is experiencing, and request an expedited WCA. It helps if you can get the local MP to support your request.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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It’ll be easier in my experience to try to get the MR (against the decision to terminate his award on basis he had no good cause for failure to attend his assessment) expedited. If you have a link into your local district complaints team they may be able to assist in moving things along a bit (or involve client’s MP as Ben has suggested).

I’ve found that generally, they’ll conceed at the MR stage & reinstate ESA on ‘good cause for failure to attend WCA’ cases (I think they know, really, that the invite letters often aren’t sent out). It’s only if there is a history that they seem to dig their heels in. If course, client will then have further wait for a WCA so will still be receiving the assessment phase, but at least something will be in payment.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Colin Hannon - Welfare Benefits Adviser
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Joined: 23 June 2010

Thanks guys much appreciated , DWP must think we have nothing better to do