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

ESA terminated for refusal to cooperate with WCA

benefitsadviser
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Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

Hi guys and gals

Only got my clients side of the story, ive put an appeal in and waiting for papers to see what happened.

Client has a thing about Atos and welfare reform killing people etc, and was due a WCA.

He was in support group of CBESA and his assessment was to be completed via telephone.

General gist ; he was recording his own WCA and DWP didn’t like that, so terminated WCA. had another WCA that was also terminated as he was recording it on non DWP authorised recording equipt.

Claim now closed. Appeal in.

thoughts??

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Joined: 17 June 2010

I have attached an extract from Maximus WCA handbook re audio recording and also a copy of JW v SSWP(ESA)[2016] UKUT 207 (AAC) because that it the nearest authority I can find which may cover this situation.

The nub of the matter is really whether your client imposed unreasonable conditions and whether those condtions meant the asessment could not take place .

If that was the case he had effectively refused to submit to examination. If on the other hand the HCP’s were being overly restrictive about the recording equipment, your client would have good cause for not attending

[ Edited: 6 Dec 2022 at 05:54 pm by Stainsby ]
benefitsadviser
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Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

Thanks for this. most useful :)