UC Work Capability Assessment

Hi

I have a client who attended a telephone appointment on 5th August 2020 (after nearly a year-long fight to actually get her an assessment) with Health Assessment Advisory Service.

They did not complete the full assessment and instead sent her a letter at the beginning of September advising her she would need to take part in a face-to-face assessment - obviously, this hasn’t happened due to COVID restrictions.

I telephoned HAAS today to find out the reasons for her needing to go for a face-to-face assessment they did not give any reasons simply stating they couldn’t complete a telephone appointment. We were advised the client would simply have to wait as there nothing they could do.

Is there anything that we can do to force them to an assessment or award her LWC for a period of time until an assessment can be carried out?

Thanks

Adam

A copy of her medical records might enable a Face to face.

If it’s just LCW you’re after, rather than LCWRA then I’m not sure there’s much you can do as; so long as she’s providing med3s she’s in the same position as had she been assessed.

If she had a strong case she’s LCWRA it’s a different issue as she’s at a substantial disadvantage due to the delay and there might be scope for a JR. However JCP are sifting people who might be LCWRA and trying to make the decision wityhout teh assessment; if that’s not happened then an HCP doesn’t think she’s LCWRA.

I see this becoming a big issue in the coming months.  Claimants will have waited months (well over a year I expect) for a WCA determination.  If they already have LCW and then (after an extensive delay) are found to have LCWRA, the effective date of decision is at the end of that delay, they have arguably lost out on a large amount of money (SG plus EDP if ESA or LCWRA element if UC for 12+ months).

Yes they will. I was advised by CPAG to start Judicial Review proceedings which normally results in them doing a paper assessment (which for an unknown reason they won’t do)

I wondered if you had seen this thread https://www.rightsnet.org.uk/forums/viewthread/16579/ which I think is useful to all of us trying to get our clients a WCA!

Thank you!! This is really helpful