WCA : any guidance on assesment phase time limit?

I have had 2 ESA clients in today with contradictory circumstances and wondering if there is any clarification out there with regard to WCAs and assesment phase isues.
Client 1 claimed ESA 6 months ago and was immediately paid £94.25 per week from day 1 , even though she had never been on any sickness benefit beforehand. I completed her first ESA50 today, 6 months after her claim and she has never been for a medical either yet appears to be in the WRAG. She has back and neck problems and is not terminally ill so i dont know how a DM would have immediately given her a LCFW. Not complaining, just curious as to how this state of affairs happened when i normally have to fight tooth and nail to keep other clients ESA claims going.
Client 2 has been on the assesment phase now for 6 months on the lower rate of £106 per week (part of a couple) and has yet to be contacted for his Atos assesment.
He has called JC+ several times regarding his WCA and has been told that “these things take time”. I have also explained to the DWP that the assesment phase lasts 13 weeks but there is no real urgency or intent to send him for his WCA, so he is still on the lower assesment rate. Today he has just been diagnosed with cancer and may have to undergo chemo and radiotherapy. Can we insist on LCFW on this without a WCA and see if the WRAG component be backdated?
Checked CPAG guide but cannot seem to find anything that will force the DWPs hand on this. Can they leave someone on the assesment phase for as long as they feel like?

Does he work for Atos?

The chronic time delays on appeals are dragging the assessment phase out even further. As an appellant remains in the assessment phase right up until their appeal, the 13 week ‘window’ is being substantially extended by up to 9 months in some cases.  It’s totally chaotic.  How on earth will they cope when more and more of the 1.9 million IB cases go through the conversion process?

You can always write a chase letter and suggest they pull their finger out, or perhaps suggest they send your client’s GP (or other clinician, specialist) an ESA 113 which may kick start some kind of action in the DM chain.

It’s a hopeless system.

I have written to Jobcentre plus with an accompanying document confirming my client is to undergo surgery next week and informed them that after that he will be going through a course of chemotherapy and radiotherapy. I have asked that they determine, based on this evidence, that he has a LCFW and seee if we can get round the WCA. Probably a waste of time but perhaps it may give them a shove with regard to organising a WCA.
Fingers crossed people!

I have successfully argued this point at a First Tier Tribunal in Norwich this month in that the assessment phase ends after week 13 if the client has not attended an ATOS medical and therefore entitled to the work related activity component (“WRAC”) from this time up until he/she attends a medical and then found by the Decision Maker to be fit for work if this being the case. Conditions for payment of the WRAC is at Section 4(5) Welfare Reform Act 2007. Conditions regards the assessment phase are found at Regulation 4(1)&(2) Employment & Support Allowance Regs 2008. Reg 4(1) clearly states that the assessment phase ends after week 13. Reg 4(2)(a) states that the assessment phase continues after week 13 (awaiting a determination) only if the client has been assessed in accordance with a limited capability for work assessment ie the ATOS medical as per Reg 2-(1) interpretation, Reg 19(2) and Schedule 2 of the ESA Regs 2008. Reg 4(2)(b) extends the assessment phase if the client is treated as having limited capability for work (“LCFW”) under those regs mentioned. My client was deemed to have LCFW under Reg 30 ESA Regs 2008 ie the production of a sick note so 4(2)(b) was not engaged falling back on 4(1). Therefore the assessment phase ended for my client at week 13 and the Tribunal has directed the DWP that the WRAC is payable.