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

ESA WCA for client with mental health problems. History of drug and alcohol misuse. Several suicide attempts.

Unite1
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Employment law & benefit appeal rep, the Initiative Factory, Liverpool

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Total Posts: 7

Joined: 26 June 2017

Client has not been sectioned but has been admitted to a secure mental health unit. Client has not completed an ESA50 but still called to a WCA in a fortnight. I was thinking of completing an ESA50, which I will give to the HCP on the day. What do others think about this and how would you argue the case on an ESA50 and/or at a WCA. My client also has Hepatitis C. She is waiting for surgery to remove her gall bladder and is dyslexic.

Daphne
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While she is in the secure mental health unit I think she should be treated as LCW as she would count as an inpatient in hospital. So I would notify DWP that she is there and obviously can’t attend WCA and provided she is past 13 week assessment period then they should be able to pay the WRA component. You could complete an ESA50 to send in for when she’s out or just send in a load of evidence and see if you can get them to make a paper assessment