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ESA appeal allowed (original decision 31/3/17) while client awaiting UC LCW decision (assessment done late November)
I’m not sure its such a bad thing. If your client wins their appeal, they will have straightforward grounds for revision. If they lose their appeal, they will have a fresh right of appeal on the facts against the UC decision.
In other cases I’ve seen, the UC re-assessment has resulted in a finding that the client does have LCW - meaning a quicker positive outcome for the claimant and additional evidence to support their appeal.
The trouble is if they don’t complete is, and the DWP don’t think that’s reasonable, they can be treated as fit for work for failing to return it :(
We were discussing these situations in our team meeting today (we also have a similar case), and it seems to me that it makes no real difference whether people return their UC50 or not, if they are already awaiting the outcome of an ESA appeal.
They are still treated as not having LCW while awaiting their assessment, even if they do return the form, so they may as well wait until the appeal is settled, rather than muddying the waters with something akin to a fresh claim.
I am therefore inclined to advise people not to return their UC50 and just carry on submitting sick notes until they get an appeal decision. Is there a reason not to do this?
I am therefore inclined to advise people not to return their UC50 and just carry on submitting sick notes until they get an appeal decision. Is there a reason not to do this?
The issue is that if they don’t return the form, then a decision treating them as having no LCW will most likely be made (whereas no decision is made whilst they’re just sending in fit notes). On the face of it, that decision will supersede any decision the Tribunal makes and create a “closed period” for any award they make.
In other words, whether your client won or lost at Tribunal, they would be treated as capable of work going forwards on the strength of the “failed to return” decision.
Perhaps there is an argument for delaying returning the UC50 to delay the assessment process in these sorts of circumstances.
Ah, thanks for that. So people really have no choice but to put themselves through multiple assessments in close proximity. I’ll feed that back to the rest of our team.
Well it looks as if the result from my original post is that the ESA appeal decisuon has now been transferred over to the UC - regardless of the fact that she has had the face to face assessment. Will keep you posted if anything changes.
No doubt this will be a bit of a lottery according to which UC case manager someone has…..
Ah, thanks for that. So people really have no choice but to put themselves through multiple assessments in close proximity. I’ll feed that back to the rest of our team.
Yes, they do. They can not claim UC while waiting for their ESA appeal. Once the appeal goes in they are entitled to assessment rate ESA backdated to the date the DWP decision maker stopped it.
They have to get through the MR period without any money of course but they certainly have choices (see various other discussion threads)