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I cannot get a straight answer out of the DBC!!
Hi All,
Can someone help me please as I cannot get a straight answer out of the DBC.
I have a client who was receiving IS from 2010. His entitlement stopped because he failed to attend a medical assessment, last payment in August 2011.
Client made a new claim for ESA in December 2011, which was backdated to September 2011. Client has not received a payment of ESA since making a claim.
Now I am thinking that he is probably not being paid because he made a claim within 6 months of the last decision. However, client was asked to attend a medical assessment in May 2012, which he failed. Client appealed against the decision.
This is where I am confused. Client still is not receiving any payments of ESA and he has not been asked to submit any medical certificates.
Can the client claim ESA at the assessment rate until the outcome of his appeal and should he be submitting medical certificates?
If client is not able to receive ESA at the assessment rate until the outcome of his appeal what is he to live on as he is too unwell to make a claim for JSA?
Should he make a new claim for ESA – however wouldn’t this be refused again because it would be 6 months since the last LCFW decision was made???
Mega confused??
Shouldn’t this be DWP not DBC?! I was worried for a second that the Disability Benefits Consortium had upset advisers!
Hahaha! Yes, sorry I’m trying to sort something with the DBC too, which is probably why I wrote DBC. Thanks, yes i mean DWP!!
He can receive the assessment rate on the basis of an appeal against the most recent WCA decision.
If the appeal succeeds, the claim gets backdated.
Can he make a late appeal against the fail to attend decision?
I think it’s the BDC not the DBC we’re talking about, isn’t it?
Yes he can receive the assessment phase rate pending the outcome of his appeal against the latest decision by DWP that he doesn’t have LCW, if he submits medical certificates. He would not, as you say, have received the payments when he made the Dec 2011 claim, if his claim was within 6 months for the same condition which has not significantly worsened, until he is reassessed. The Decision Maker may decide not to reassess the client immediately. However after the 6mths elapsed, (as no reassessment has taken place), my understanding is that he should have been paid on the basis of his fit notes. 6 months would have elapsed in Feb 2012, so don’t understand why he was not paid from that date if he was submitting medical certificates.
He can receive the assessment rate on the basis of an appeal against the most recent WCA decision.
If the appeal succeeds, the claim gets backdated.
Can he make a late appeal against the fail to attend decision?
I think it’s the BDC not the DBC we’re talking about, isn’t it?
Thanks Robbo,
I did discuss a late appeal with client. Client tells me he has no paper work or anything with regards to the decisions around the period he failed to attend medical, he is not even sure if it was August 2011 and wants to concentrate on this claim/appeal.
Is it?? BDC?
I thought it was DBC - Disability Benefit Centre? Well that’s what I call it!! I have different names for everything, no wonder no one knows what I am talking about half the time! (Just realised are you pulling my leg!?)
BDC = Benefit Delivery Centres. The name for the new black holes within Jobcentre plus.
Yes he can receive the assessment phase rate pending the outcome of his appeal against the latest decision by DWP that he doesn’t have LCW, if he submits medical certificates. He would not, as you say, have received the payments when he made the Dec 2011 claim, if his claim was within 6 months for the same condition which has not significantly worsened, until he is reassessed. The Decision Maker may decide not to reassess the client immediately. However after the 6mths elapsed, (as no reassessment has taken place), my understanding is that he should have been paid on the basis of his fit notes. 6 months would have elapsed in Feb 2012, so don’t understand why he was not paid from that date if he was submitting medical certificates.
This is the problem. He has not submitted any sick notes and neither has he been asked to by the DWP.
It appears the DWP have closed his claim from May 2012, based on outcome of the medical. Client submitted an appeal, which they say has not been received (Surprise, Surprise). I have sent in a late appeal today outlining reasons etc and requested his entitlement be reinstated at the assessment rate until the outcome of his appeal. I have asked client to obtain a backdated sick note from his GP.
Hopefully this is right!?
BDC = Benefit Delivery Centres. The name for the new black holes within Jobcentre plus.
Yeh black holes alright!!