The missed WCA that wasn’t

Hi All

Well I’m really confused by this one!

My client came to me extremely late in the course of events but said that she had attended a WCA on 02/10/2012. She was late to the centre due to traffic and arrived around 4.45pm, some 15 minutes late. The HCP refused to carry out the assessment.

DWP then issued the failure to attend decision (as it was her second appointment) and stopped her ESA.

My client registered her appeal and at the tribunal the decision was that she had attended the WCA on 02/10. The judge expected ESA to be paid from the 02/10.

The problems really arose the following day when she attended and failed her new WCA.

DWP are now saying that whilst the decision of the tribunal was that she had attended the WCA on 02/10, no determination on her fittness for work was made until a medical was carried out on 30/01/13. She was found fit for work at that medical so (I assume) she is deemed fit for work from 02/10/12. They add that if she wins the new appeal then ESA will be paid from 02/10/12.

I think I follow their reasoning but it feels wrong! After all, Atos caused the problem by refusing to conduct the medical.

Is there anything I can do other than try & get ESA paid whilst appealing the new decision, or do we just have to wait until the new tribunal hearing?

Thanks all

Phil

Thanks Tony, I’ll follow it up as soon as I get the chance!

Re appeals & time to tribunal - I just had one case when decision was made 27/01/13, papers landed mid-Feb, appeal hearing first week in April!!! Trust me, it causes even more problems than having a long lead time!

Phil