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

Any way to avoid another medical

MaggieB
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Dorchester CAB

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Total Posts: 271

Joined: 11 October 2010

In the good old days of ESA you might request a supersession of WRAG award to get someone in the Support Group, send decent medical evidence and hope to avoid a medical (no med certs required)

I have a client with LCW on UC, considering options to get him LCWRA but he is adamant he will not go for another medical in case he is then awarded 0 points again, previous MR did reinstate benefit but he doesn’t want to repeat the experience

I assume if we want to start the process he will need to submit med certs and be referred for another WCA or can I still request a supersession as before?

Elliot Kent
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Shelter

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Joined: 14 July 2014

There hasn’t been any substantial change in the legislation and there is no obligation on the DWP to require a UC50 or medical assessment before making a superseding decision in relation to LCW. It would still be possible in principle to request supersession to LCWRA and for this to go ahead without a new medical. In practice it may be that the request would be taken by the case manager and funnelled down a default WCA re-assessment process before a DM looked at it.

There is no reason why your client would need to produce new medical certificates. The LCW assessment applies unless and until it is decided that your client does not have LCW.

MaggieB
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Dorchester CAB

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Total Posts: 271

Joined: 11 October 2010

Thanks Elliot, makes sense although I think client was told he needed medical certificates by his work coach…