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All WCAs suspended - not even doing telephone assessments?
I mentioned this in another thread but it deserves its own space.
In response to no action being taken after the UC50 was submitted last October, a claimant was told recently that all WCAs are suspended, no action being taken at all.
On asking about a telephone assessment, she was told that PIP are doing this, but ESA/UC are not.
Does anyone know any more on this? If this is correct, the implications for some claimants are huge.
I did send an email to DWP via stakeholder group on Monday Andrew but not heard anything yet…
I am not sure of the current WCA procedure . I am advising tenants to request a UC 50 form , complete this and send back . I assume the WCA award will be backdated to when form received , if successful at a later date. As said , not 100% sure !”
I am not sure of the current WCA procedure . I am advising tenants to request a UC 50 form , complete this and send back . I assume the WCA award will be backdated to when form received , if successful at a later date. As said , not 100% sure !”
LCW/LCWWRA element should be backdated to the date the claimant notified DWP he has a health conditon reducing his ability to work (minus 3 month waiting period if it applies).
Generally JCP requires to submit fit-notes, but this can be problematic in current climate, and arguably not necessary at all (a notice in the journal might suffice).
Thanks for the reply; very helpful. A few tenants have advised me the Job coach at DWP has advised them to wait until Covid 19 action over, prior to filling in form for a Work Capability Assessment .
If you do manage to get any clarity Daphne, would be useful to know whether this applies to WCA for review applications as well as new claims.
Do you mean change of circumstances Paul? I’ll do my best…
Yes Daphne, we’ve been contacted this week about a dialysis patient with LCW who thinks they should now be in the support group.
I rang both ESA and the CHDA customer services soon after lockdown started. Both were adamant that no ESA50s or UC50s would be sent out and no assessments would take place. The ESA person said don’t send ESA/UC50s in because they wouldn’t be processed. The CHDA person seemed astonished by my question about paper and telephone assessments and stated that no assessments at all would be taking place.
These were call handlers so not sure how reliable the information was. Though as far as I know none of the social care clients have received ESA/UC50s including the deputyship clients, which we would definitely know about.
If this is the case the LCWRA component being delayed will financially affect claimants unless they backdated based on request date ?
We got this today in response to our email
‘Thank you for below email. On receipt of it, a colleague has consulted the manager of our Bristol office, who handle benefit referrals from the Department for Work and Pensions (DWP) for the areas you have identified.
The manager has advised that they are gradually opening sites to review which benefit referrals are suitable for a telephone assessment; in accordance with the DWP’s stipulated legislation. She has said that benefit referrals for customers based in Cornwall, South Devon, Dorset and Somerset are currently being reviewed, with cases in North Devon set to be reviewed in the next few weeks. However, I am unable to advise when the telephone assessments for these areas may commence’.
Interesting that they said no ESA50s were being sent out - I’m working with someone who received one to complete last week for a new claim.
We’ve simply been referred to this:
Suspension of face-to-face assessments
All face-to-face Work Capability Assessment are suspended from 17 March 2020 for an initial period of three months. This was announced by the Secretary of State on 16 March 2020.
Claimants who have appointments scheduled will be contacted to discuss next steps which could involve either telephone or paper-based assessments.
Suspension of Work Capability Assessment (WCA) re-assessments
But what about people who sent in ESA50/UC50 months ago and have heard nothing? Are they just parked?
Why the contrast with PIP ?
Update: having been told that my client who submitted UC50 last November can’t have a WCA, a colleague complained via an MP regarding someone who submitted ESA50 in Feb of this year and was told something different to the business about only doing WCAs for those already scheduled for ftf appointments:
A WCA can be conducted by phone. It does rely on supporting evidence, which has been requested in this case from Mr ***’s GP. It is a requirement that If evidence to support the condition is not to be obtained via interview, then it must be provided another way. A request was sent to the GP on 3 May, and as yet there has been no response. Ultimately, any decision on whether the assessment should be by face-to-face appointment, or can be done via phone or home visit is taken by the Health Care Professional.
Any face-to-face assessments that are deemed necessary will have to wait until DWP as a whole reinstates these. However, I have been advised that, even in the absence of any specific evidence from the GP in this case, a phone appointment has been agreed, and made.
In the event that the HCP cannot agree that the claim should be referred to the Support Group based upon answers obtained during the phone appointment, a face-to-face appointment will still need to be conducted.
Responding to a written question in parliament, Minister for Disabled People Justin Tomlinson says that the DWP is continuing to refer new claims to its work capability assessment provider, that claimants who report a deterioration in their condition will be referred for a reassessment, and that, ‘where possible’, the DWP will continue to process cases that have already been referred -
Some feedback from a colleague who attended a CHDA/Maximus liaison meeting today which may explain the discrepancy between the Minister’s statements and the reality -
1. WCA telephone assessments. CHDA are getting the ESA50’s and UC50’s from DWP and doing paper and telephone assessments. If the claimant meets criteria for LCWRA or Support Group, the claim goes back to the Decision Maker with that recommendation. If the HCP doesn’t think they meet the criteria, the claim ‘goes back in the queue’ in their words, and won’t be considered again until face to face assessments start. We pointed out that this directly contradicted the Minister from last week, who said WCA’s would be carried out. The CHDA recommendation can’t be challenged as no decision notice is issued, and wouldn’t be challengeable until the WCA was completed in X months time. We pointed how unfair this was for those who needed a LCW decision e.g. for permitted work if claiming ESA or the work allowance if on UC. It also left people on the assessment rate for much longer periods.
2. These assessments can be recorded by CHDA but claimant has to request it, and will then be sent a copy.
3. A rep from DWP mentioned, in relation to ESA telephone assessments, that as DWP had more experience so far of PIP telephone assessments, DWP were looking at the trend in results, because with PIP there were fewer awards and they were at lower rates.
...DWP had more experience so far of PIP telephone assessments, DWP were looking at the trend in results, because with PIP there were fewer awards and they were at lower rates.
That’s intriguing and would be interesting to unpick why at a future date.
There is an escalation route direct to CHDA if extra evidence is found, which can be used on behalf of client by advocate/advisor/friend/family etc .(JavaScript must be enabled to view this email address)
This could mean that paper decision can then be made.
Also: Whilst there has been no official announcement as yet that the suspension of face to face assessments will continue beyond the original period they are expecting it will be announced to continue but no idea for how long
CHDA are in agreement with IAS that it is likely that in future telephone assessments will be offered where appropriate as an alternative to face to face
CHDA would also like to look at trials of video calling systems for assessments – and will be consulting about this in future
Couple of written answers yesterday on how assessments including WCAs should be operating -
‘We continue to complete paper-based assessments and make recommendations based on written evidence available, where possible.
Where a case cannot be progressed by a paper-based assessment, a telephone assessment will be conducted, where appropriate to do so. This decision falls to the Health Professional, rather than the individual.’
and, responding to a further question on people with additional support needs including those with a cancer diagnosis -
‘Where a claimant declares they have cancer in the ESA/UC50 Health Questionnaire a Health care practitioner considers this evidence and in the majority of cases a recommendation will be made at this stage based on the papers alone.
If it is not possible to complete an assessment based on the paper evidence, a WCA will be conducted, where possible, over the telephone in coming months. We anticipate customers may experience a longer wait to be referred for their assessment and for the assessment to take place during this period’
I spoke to someone today who has a client who was asked to download software for a video consultation on benefits. There are no concrete details of who asked them to download what at the moment (and it didn’t work anyway) but I’ll forward information when I get it.
It looks as if someone’s jumping the gun, given Keith S’s post above. Unless all is not what it appears, of course.
There is an escalation route direct to CHDA if extra evidence is found, which can be used on behalf of client by advocate/advisor/friend/family etc .(JavaScript must be enabled to view this email address)
This could mean that paper decision can then be made.
It’s probably 2 or 3 years since I used that address, but when i did it couldn’t accept attachments. They still preferred to receive a fax with any FME; that was difficult for a Council that had completely abandoned faxes as they weren’t secure enough.
My first client has a WCA by telephone on Thursday, in Kirklees. She has been offered another person on the call to support her with it. Her support worker is joining the call (working from home).
Written answer sets out how many people are waiting for an assessment for PIP, ESA and LCW/LCWRA under UC over the last six months -
- PIP has gone down from 168, 310 in December 2019 to 132, 640 in May 2020 (possibly linked to reduction in number of claims?- https://www.rightsnet.org.uk/welfare-rights/news/item/number-of-new-pip-claims-reduced-by-almost-40-per-cent-in-april-2020-compared-to-same-time-last-year)
- ESA has gone up from 87,500 in December 2019 to 115,680 in May 2020
- UC has gone up from 62,740 in December 2019 to 143,120 in May 2020
Daphne - are those figures just for new claims?
I’m wondering if the figure for those waiting for a PIP assessment has also gone down because of the number of people who were going through a review (or would have been), but have been taken off the list and had their award extended instead?
Looking at the actual answer it looks like it’s both in that it says -
The department continues to process both New Claims and Changes of Circumstance and encourage anyone with a change in their needs to contact the Department so that we can ensure they are receiving the correct level of support.
Hi Everyone,
Think i have mentioned this before but am no further forward and running out of time. Client has been claiming UC since last year and completed a UC50 in March (same time as PIP which was assessed and awarded in August). We are still waiting for a WCA, i have escalated through UC journal, partnership manager and called the health assessment centre themselves but no one can seem to prioritise or give any further information on when WCA will take place. Client is due to turn pension age on 15/01/2021 and will potentially lose out on £1000s.
Is anyone else in this situation? Any further advice or escalation routes?
Hi Everyone,
Think i have mentioned this before but am no further forward and running out of time. Client has been claiming UC since last year and completed a UC50 in March (same time as PIP which was assessed and awarded in August). We are still waiting for a WCA, i have escalated through UC journal, partnership manager and called the health assessment centre themselves but no one can seem to prioritise or give any further information on when WCA will take place. Client is due to turn pension age on 15/01/2021 and will potentially lose out on £1000s.
Is anyone else in this situation? Any further advice or escalation routes?
Hi Everyone,
Think i have mentioned this before but am no further forward and running out of time. Client has been claiming UC since last year and completed a UC50 in March (same time as PIP which was assessed and awarded in August). We are still waiting for a WCA, i have escalated through UC journal, partnership manager and called the health assessment centre themselves but no one can seem to prioritise or give any further information on when WCA will take place. Client is due to turn pension age on 15/01/2021 and will potentially lose out on £1000s.
Is anyone else in this situation? Any further advice or escalation routes?
Yes and find it frustrating. I agree with all the above suggestions and comments . Another route to consider in tandem with those already made is to make a written compliaint to UC, but copied to
.(1) SofS at House of Commons (at best you will get a treat official reply)
(2) Local MP (depends how active they are)
It is not one I tend to overuse. You may get the same response to all three letters, but if you exhaust DWP’s internal complaints procedure, there is then the right to eventaully go to the Independent Case Examiner.
None of these are necessarily quick.or guarantee results, but may be worth a try