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

WCA Sch 9 Mental Health

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Total Posts: 619

Joined: 17 June 2010

I represented at a UC WCA Tribunal where the DWP had accepted that the client had LCW because Sch8(4) applied (he scored only 6 points under the Sch 6 descriptors)

This case is particularly shocking to me because the doctor who carried out the WCA said of my client in her summary that

“.he would be able to do some appropriately tailored work related activity because he has never attempted suicide”

The DM reiterated all that in the MR

I wrote a very strongly worded submission arguing that Sch 7Descriptor 14 applied and in the alternative Sch 9(4) applied in addition to Sch8(4).

The Tribunal has thankfully accepted both my arguments and determined that my client has LCWA and also recommended that he is not re-assessed.

I have attached redacted copies of the Tribunal decision notice along with the HCP’s summary and the MR so you can see this in context, but what I am asking is whether it would be worthwhile ( with my client’s consent ) making a complaint about the trite remarks by the HCP and the DM which imply that work related activity is good for claimants unless they try to kill themselves

[ Edited: 15 Nov 2022 at 07:41 pm by Stainsby ]

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Vgriffith
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Benefits and Employment Adviser - Parkinsons UK

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I definitely think it’s worth complaining to the WCA provider. Complaints are taken seriously (maybe because they are part of their contractual reporting mechanisms?!) The DWP are parroting the HCA report and will argue that they relied on the HCA, but the assessment provider should take responsibility for this.  It’s also good to share, as part of the complaint, that this assessment was overturned at tribunal.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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That’s absolutely dreadful, I would definitely complain if your client agrees.

You should always take suicidal ideation seriously, I thought we’d moved far beyond these notions of thinking the fact that someone might not actually have acted on their feelings doesn’t mean those thoughts shouldn’t be taken seriously and support offered to them. You only need to get it right once and that’s it.