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

The meaning of words

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Total Posts: 1964

Joined: 12 October 2012

Client suffering severe anxiety feels suicidal over the prospect of re-examination for ESA.

The GP writes:

‘He is unable to cope with any additional stress and therefore any further benefits assessment and requirements would be detrimental to his health and in my opinion should not be undertaken’.

I sent this to support my letter which asked for no HCP examination to take place, and for the DM to make a decision on the existing (substantial) evidence.

DWP responded to me by saying that the GP’s letter had been interpreted by CHDA as a request for a home visit and so it had to happen because CHDA wanted it.

I know that words can sometimes be ambiguous, but I really, really can’t bend the GP’s phrasing in to a request for an HV. How specific do they have to be????

PS - When I phoned to cancel the home visit, CHDA tell me that DWP insisted upon the appointment and they (CHDA) had no choice.

Hmmmmmmmmmmmmm…..

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Total Posts: 3138

Joined: 17 June 2010

Ah yes, I’m in the midst of one of these. DWP say clt. who cannot ever possibly get out to an assessment cannot have a reasonable adjustment of home-visit or decision on scrutiny as it’s down to the assessment provider to do RAs. Assessment provider says… DWP.

That’s fine. Letter before action here we come.