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

Advice needed…...................

Liz S
forum member

Welfare specialist and appeals officer - Herefordshire Council Welfare Rights Team

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Total Posts: 179

Joined: 17 June 2010

Hi all

It’s Monday, yet another one to add to the pile….........

Client exceptionally vulnerabled, severely disabled and effectively bed bound, unable to self-transfer from bed to chair without direct physical help from carer. Unable to access post without same - care delivered by family member currently.

ESA claim closed by DWP last year following non attendance at medical - it transpires correspondence/ESA50 etc never responded to/dealt with. Situation now referred to us and we have asked DWP to consider back-dating to date original claim ended as it clearly not client’s fault this occurred…......

An ESA50 and ESA1 was duly submitted, DWP decline to agree extended back-dating….........any thoughts on where we can go (if anywhere) from here?

DWP have suggested we apply for compensation from client carer/support provider (?) but we are adamant they already had it on record that client was very vulnerable and reliant on Third Party help to access benefits etc so potentially should have/could have dealt with matter differently.

All input gratefully received…....