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

ESA repeat claims - do DM’s look at HCP report to decide re ‘new claim’ or ‘significant worsening’?

JPCHC
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Cardinal Hume Centre - Welfare Rights

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In deciding whether a claimant can be treated as having LCW pending a medical (i.e. new condition, or significant worsening), do you know what docs a DM would be looking at? I’d presumed the ESA85, or would they look back at what the GP had issued the MED3 for originally?

My client was found fit for work and he made a repeat claim was made on his friend’s advice.  The MED3 was for his OCD which was considered at the last WCA but they’ve awarded it as a ‘new condition’.

This had rather thrown me so just wondering whether this is an anomaly or whether the DM’s are looking at something else??

Thanks in advance

Elliot Kent
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Shelter

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The DMG strongly points DMs towards reviewing the existing ESA50, ESA85 and other evidence before making a decision on the new claim. In principle, the DM should consider whether they can determine the claim without a new WCA and only then consider whether there is a new condition or substantial worsening. That would require looking at all the evidence.

Whether that happens in all cases in practice, I don’t know.

[ Edited: 10 May 2017 at 09:36 pm by Elliot Kent ]
Daphne
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This is what we got told at the time the new regs came in - https://www.rightsnet.org.uk/forums/viewthread/7894/P15/#35120 - so if they’re not going to accept the new or worsening condition or refuse the claim they should issue an esa83 asking for more ingo

WRT Case Worker
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Citizens Advice Rotherham

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JPCHC - 09 May 2017 05:19 PM

In deciding whether a claimant can be treated as having LCW pending a medical (i.e. new condition, or significant worsening), do you know what docs a DM would be looking at? I’d presumed the ESA85

From my understanding -

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