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Top Incapacity related benefits topic #4665

Subject: "Length of time for WCA" First topic | Last topic
Mr Celine
                              

Welfare Benefits Officer, Scottish Borders Council
Member since
08th Dec 2009

Length of time for WCA
Tue 08-Dec-09 01:43 PM

According to Bonner Hooker White, vol 1 page 1138, the Work Capability Assessment is a face to face meeting lasting between 75 and 90 minutes.
Most of the appeals I am dealing with result from a WCA lasting at most 30 minutes.
Does anyone know where Bonner got the 75 - 90 minutes from? The source isn't quoted.

  

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Replies to this topic
RE: Length of time for WCA, AlteredChaos76, 08th Dec 2009, #1
RE: Length of time for WCA, darlocab, 08th Dec 2009, #2
      RE: Length of time for WCA, clairehodgson, 09th Dec 2009, #3
           RE: Length of time for WCA, clairehodgson, 09th Dec 2009, #4
                RE: Length of time for WCA, Mr Celine, 09th Dec 2009, #5
                     RE: Length of time for WCA, clairehodgson, 09th Dec 2009, #6
                          RE: Length of time for WCA, ariadne2, 09th Dec 2009, #7
                               RE: Length of time for WCA, MGS, 09th Dec 2009, #8
                                    RE: Length of time for WCA, darlocab, 09th Dec 2009, #9
                                         RE: Length of time for WCA, Peter Turville, 11th Dec 2009, #10
                                              RE: Length of time for WCA, Ruth_T, 29th Dec 2009, #11
                                                   RE: Length of time for WCA, Jon_Blackwell, 30th Dec 2009, #12
                                                        RE: Length of time for WCA, Ruth_T, 30th Dec 2009, #13

AlteredChaos76
                              

LSC Welfare Rights Caseworker, Citizens Advice Bureau, Taunton, Somerset
Member since
21st Apr 2009

RE: Length of time for WCA
Tue 08-Dec-09 08:54 PM

The cynic in me feels it may be the amount of time ATOS are contracted per assessment???

The letters sent to clients letters say the medical will take 1-2 hours but as you say about 30 minutes is more like reality.

Not an educated answer I admit but probably accurate

  

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darlocab
                              

welfare benefits, darlington citizens advice bureau
Member since
03rd Mar 2009

RE: Length of time for WCA
Tue 08-Dec-09 10:10 PM

So therefore when we question a time of 20 - mins for MH assessment at appeal hearings, it would be reasonable to suggest and accept, they are rushed and the contracted time of 1- 2 hours is what an accurate report is based on and not 20 mins ?

However I have suggested this, but Tribunal Judges appear to think that 20 mins is sufficient time, - planets apart I think !

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Length of time for WCA
Wed 09-Dec-09 07:10 AM

we clearly all need to go armed with bonner et al at tribunals, then,

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Length of time for WCA
Wed 09-Dec-09 07:11 AM

better idea .. FOI request for information as to how long ATOS's contract states a medical will take?

  

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Mr Celine
                              

Welfare Benefits Officer, Scottish Borders Council
Member since
08th Dec 2009

RE: Length of time for WCA
Wed 09-Dec-09 08:00 AM

If the tribunal hearing has lasted longer than the medical did I point this out to the tribunal when summing up at the end, and add that they've only been considering disputed descriptors and not the whole lot as the EMP supposedly did. This approach has had some success, particularly in mental health cases.
I've also pointed out the quote in Bonner with some success, but last time I mentioned it the judge wondered aloud where it had come from.

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Length of time for WCA
Wed 09-Dec-09 08:05 AM

"If the tribunal hearing has lasted longer than the medical did I point this out to the tribunal when summing up at the end, and add that they've only been considering disputed descriptors and not the whole lot as the EMP supposedly did. This approach has had some success, particularly in mental health cases."

nice one!

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Length of time for WCA
Wed 09-Dec-09 03:14 PM

The original intention (and I have no idea whether or not this happens) was to carry out the work-related health-focussed assessment immediately after the WCA. Maybe the time allocation is/was intended to be for the combined interview?

  

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MGS
                              

CLA Caseworker, F.Inst.L.Ex, eagaPLC, Newcastle upon Tyne
Member since
20th Nov 2009

RE: Length of time for WCA
Wed 09-Dec-09 03:45 PM

Perhaps they don't take long so due to the time saved clicking a few pre-programmed answers with a mouse pointer.

Sorry, the whole issue gets my worked up

  

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darlocab
                              

welfare benefits, darlington citizens advice bureau
Member since
03rd Mar 2009

RE: Length of time for WCA
Wed 09-Dec-09 04:13 PM

I assume the same standard, basic answers held by the LiMA system are transfered to the LCfWRA - so if the client fails LCfW time saved.
It cannot be an assessment just, ticking boxes - albeit on a computer.

However I have seen ESA85's by a registered Nurse that last 1 hour and others that last 10 -14 mins. The ones that last 1 hour are just as bad as the 10 min jobs.

  

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Peter Turville
                              

welfare rights worker, Oxfordshire Welfare Rights
Member since
03rd Feb 2004

RE: Length of time for WCA
Fri 11-Dec-09 01:53 PM

A straw poll of my current ESA cases shows times of between 24 mins (physical condition) and 35 mins (mental health condition). The exception is one where a BSL interpreter was required (and the only health condition was deafness!).

Anyone who has interviewed a client to discuss the physical, let alone the MH etc descriptors will know that it takes longer than that do adress them sufficiently.

I believe guidance to Atos healthcare proffessionals still says they are not required to ask direct questions about the descriptors in the regs. rather to ask questions about daily activities etc. Not suprisngly if they dont ask questions relevant to the legislation their reports are ****.

In our experience tribunals appear to take little notice of the healthcare proffessionals opinon for this reason (any more that they dis/ still do for PCA cases).

Anyone who has to undergo a medical for an HGV/PSV driving licence / insurance purposes will note that the physical examination is similar to that for the PCA/WCA. This often takes 30 mins alone (mind you do have to pay privatly for that so perhaps time is not an issue!).

Clearly the majority of Atos reports for PCA/WCA are not fit for purpose (but thats not covered by the regs!).

  

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Ruth_T
                              

Volunteer adviser, Corby Welfare Rights Advice Bureau
Member since
03rd May 2005

RE: Length of time for WCA
Tue 29-Dec-09 04:24 PM

The estimate of 75-90 minutes duration appeared in the ESA Technical Factsheet T14: Work Capability Assessment (DWP December 2008). There was a whole series of useful factsheets all of which have now disappeared from the DWP website.

The information to customers at http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/esa/DG_172030 advises them to allow up to one and a half hours for the whole assesement ie LCWA and WFHRA.

  

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Jon_Blackwell
                              

Programmer, Lisson Grove Benefits Program
Member since
19th Feb 2004

RE: Length of time for WCA
Wed 30-Dec-09 09:43 AM

Factsheet 14 is at
http://research.dwp.gov.uk/esa/pdfs/t14-esa-factsheet-work-capability-assessment.pdf

Page 5

"How long will the WCA appointment take?

The whole appointment, for the three elements of the WCA, will take between 75 to 90 minutes."

  

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Ruth_T
                              

Volunteer adviser, Corby Welfare Rights Advice Bureau
Member since
03rd May 2005

RE: Length of time for WCA
Wed 30-Dec-09 09:59 AM

Jon:

Thanks for pointing out the new address for this factsheet. I had it bookmarked at a different address which produced "Sorry, that page cannot be found".

Ruth

  

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