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

Failure to conduct WCA

Carolyn McA
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Adviser, Citizens Advice and Rights Fife

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Joined: 17 April 2019

I have a client who claimed NSESA last September; she had completed and returned a UC50 by mid-October. Since then she has had three WCA appointments cancelled, including one scheduled for today that was rearranged as a priority after she called HAAS to express her concern about the previous cancellations in December and January. The client is anxious to be assessed as she believes she will get LCWRA and of course if she does the delay will materially affect her award as the three month waiting period to receive the element will start later. Can anyone recommend what the best way forward to secure an early assessment would be? And if she is eventually assessed as having LCWRA, would there be any mileage in trying to get a backdate to the date of the first, cancelled assessment?

Elliot Kent
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Entitlement to the component begins 3 months from the start of the claim regardless of how long it takes to carry out the WCA, so the delay should not affect your client in that respect.

Rosie W
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Welfare rights service - Northumbria Healthcare NHS Trust

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UC don’t always understand that - we’ve had a couple where they’ve added the element 3 months from either the date they “registered” the first fit note or from the start date on the first fit note. And made us MR it. And told us we can’t request MR via the journal.

All sorted correctly but just another example of the tiresomeness of UC and UC administration.

Elliot Kent
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Rosie W - 05 February 2020 12:33 PM

UC don’t always understand that - we’ve had a couple where they’ve added the element 3 months from either the date they “registered” the first fit note or from the start date on the first fit note. And made us MR it. And told us we can’t request MR via the journal.

This is usually correct - see reg 28 of the UC Regs.

Rosie W
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We’ve had it paid from the start of the third AP on the basis the claim included a statement the claimant has a condition which affects their ability to work. In one case there was confusion about the first fit note but they paid up.

Carolyn McA
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Thanks guys - the client was reassured to learn that she won’t lose out in the long run, and meanwhile now has a fourth WCA appointment for towards the end of the month. We’re crossing our fingers that this one will go ahead. Apparently at least one of the cancellations was due to the unavailability of a specialist doctor, which I’m inclined to think is a good thing (hope I’m not being naive here).