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‘The non-functional descriptors were not considered for this case as curtailment applied’
Currently assisting a client with an appeal arguing Support Group eligibility.
Within the ESA85, the page headed ‘Exceptional Circumstances’ is blank except for the following statement:
“The non-functional descriptors were not considered for this case as curtailment applied”
Client reports she did not cut the assessment short; there is nothing else in the ESA85 to suggest it was cut short at request of the client.
Has anyone seen this before?
Yes. Curtailment applies when the HCP deems they have sufficient points to place the client in the WRAG and therefore do not need to consider reg29.
I am seeing this frequently with client’s in the IB/IS > ESA reassessment who have been placed in WRAG but who feel SG applies. When SSWP submission is looked at it also usually does not identify the LCW descriptors awarded either. As per suggestions in another thread I am writing to DWP to request written clarifications on which descriptors have been awarded and on what basis.
Chaos
Yes, curtailment is the term they use when HCP deems they have sufficient points to be LCW, and therefore they deem it unnecessary to consider exceptional circs to be treated as LCW under reg.29.
This still begs the question, that if the HCP doesn’t think they meet a descriptor in order to be deemed to have LCWRA, to be placed in the support group, why they would not have to consider exceptional circs under reg. 35 to see whether or not they should be treated as having LCWRA.
In fact on p.114 of the WCA handbook for HCP’s it states:
“It should be noted that regulations specify that this NFD must be considered separately for LCW and LCWRA. Therefore HCPs must give careful consideration as to whether it applies to both LCW and LCWRA or to LCW alone. However, it is extremely unlikely that someone who is at substantial risk for work would not be at substantial risk for work related activity and therefore for all practical purposes it is likely that it will apply to both.
It should also be noted that advice for entry into this Support Group can only be given after conducting the full LCW/LCWRA medical assessment.”
(NFD refers to non-functional descriptor, another term for the exceptional circumstance category)