possible to do mandatory recon if client’s health has since improved?

Hi,

Quick query that I haven’t come across before.

Client failed WCA. Client’s health has now improved so no longer eligible for ESA. Client asked me if they can do a recon as their health was much worse back when they started their claim and when the assessment was carried out. It would be a late recon (which we don’t really have a good reason for) but aside from that issue is this actually possible? How would DWP judge what to pay them even if it was successful?

Thanks very much

Joel

At appeal the Tribunal would focus on your client’s condition as it was at the date of the outcome decision - any improvements since then will not be relevant for the purposes of the appeal.

I suppose if your client’s condition has now improved to the extent that they would no longer be entitled, it would be a matter of notifying the DWP of the date the condition improved and request the claim is closed from that point.

Cheers Simon. I realise any change would be from the original decision I just wasn’t sure how they would decide when to make payment until. Would it just be up to the client to state when she got better and they would backpay from date of original decision up to the date of improvement?

Thanks again

JAS1 - 02 August 2017 01:08 PM

Cheers Simon. I realise any change would be from the original decision I just wasn’t sure how they would decide when to make payment until. Would it just be up to the client to state when she got better and they would backpay from date of original decision up to the date of improvement?

Thanks again

Yep! I would think that to be the case.

Thanks Simon, seems obvious now you’ve said it!