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Premature ESA50s
Has anyone noticed how quick ESA50s are coming thru now??
I have a client who was claiming IS for incapacity for her and her husband for many years who has passed away 2 weeks ago.
She has put in a claim for ESA but the dept refuse to process the claim without her P45, which she doesnt have? I will sort that one but what ticks me off is that although they refuse to process her claim they have sent her an ESA50
Thats about 3 new claims ive had this week where ESA50s were issued before the claim even went into payment.
I thought that the evaluation of LCW was only to be considered after week 13 if the claimants claim was still open.
Not to mention that i have some clients still on assessment phase after a year anyway…......
Yes, I’ve noticed it too. It’s rather adding insult to injury isn’t it especially when (as you say) they won’t be assessed for at least a year.
Indeed, these time delays cause real problems. I’m working on an appeal sub as we speak for a client who completed her ESA50 (with our assistance) in April 2013 and finally attended her WCA (nil points)in June 2014. By the time of her assessment the physical condition she had at the time of the ESA50 had substantially improved ban underlying (and linked) mental health condition was still present. This seems to have been relatively minor at the time of her assessment but by the time of the decision (late July) it was significantly worse and she was hospitalised a week after the decision was made. DWP is, of course, arguing that this cannot be taken into account as it wasn’t current at the time of the assessment whilst on the other hand, rejecting her subsequent new claim on the grounds that there is insufficient evidence of a deterioration or new condition….
Ive had this issue before. Client of mine badly smashed up in a motorbike accident.
Week 13 of claim still badly affected
14 months later got WCA and had healed to the point where he could just about manage to fulfil descriptors
DWP refusing to acknowledge that LCW should be considered from week 13 as he failed his WCA
The words"having cake” and “eating it” spring to mind…...
MR refused. We shall see what HMCTS have to say
This raises a lot of issues like when to notify of changes in circumstances ...
If client improves between week 13 and WCA does client notify the DWP?
If client continually worsens between date of claim and WCA does client lodge multiple supercessions to be placed in SG (bypassing WCA)?
Ive had this issue before. Client of mine badly smashed up in a motorbike accident.
Week 13 of claim still badly affected
14 months later got WCA and had healed to the point where he could just about manage to fulfil descriptors
I’ve just had a similar case. Homeless man admitted to an acute psych unit, claimed ESA on discharge 13 months ago, now rehoused, benefits in place etc and of course, his mental health is much improved.
13 weeks into the claim he definitely would have passed his WCA, but he failed it as he’s so much better now.
That delay must have cost him about £1,200…
Ive had this issue before. Client of mine badly smashed up in a motorbike accident.
Week 13 of claim still badly affected
14 months later got WCA and had healed to the point where he could just about manage to fulfil descriptors
I’ve just had a similar case. Homeless man admitted to an acute psych unit, claimed ESA on discharge 13 months ago, now rehoused, benefits in place etc and of course, his mental health is much improved.
13 weeks into the claim he definitely would have passed his WCA, but he failed it as he’s so much better now.
That delay must have cost him about £1,200…
personally I think people should be making small claims on misfeasance grounds.