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ESA Delays 6 years 9 months ago #14773

  • Kobiron
Following delays in the ESA assessment phase and WCA's taken 2 to 3 months late would this make a difference to decisions?

I give an example, I suggest that at a minimum, a 2 months delay is a long time to enable someone to recover from their specific illness or have special treatment unprescribed for whatever reason, the point that I am trying to make is that if the WCA was done at the specified time would not an award in fact be any different.

With the rules within ESA, a claimant should declare any significant changes in treatment and or their illness during a claim. However, even when this is done it does not change any situation concerning delays leading upto a WCA. A claimant would not be fast tracked towards a WCA by giving such information, but this will indeed be entered into the claimants file.

I use the term special treatment to be non inclusion to the Support Group or that of being terminaly ill at a pre-board check but through the normal route.

I argue that this could be the case for many claimants within ESA at the present time. An award of LCW at the least would be in payment (Main Phase). The delay could indeed make a big difference to any claim for ESA with a loss of the appropriate award and whatever other support comes with it.

When a WCA Report is produced,the outcome will depend on the claimants capabilities at that specific time, not 2 months ago at the latest (13 weeks stage into assessment) when for example the said special treatment was prescribed, or that a claimant had not recovered significantly to be found fit for work, therefore, entitled to LCW main phase.

If this was put into context, the claimant will be in defecit when they leave ESA after a decision that they do not have limited capability and then for example claim JSA, they will be non the wiser to the fact that they have been discriminated against because of failures and maladministration by the DWP and or ATOS.

On the other hand, the DWP will make serious savings and show favourable results in their attempt to get people back to work. Also ATOS will without any doubt whatsoever, give an assessment of not having Limited Capability when the claimant attends the WCA, scandalously late, several months later.

This I suggest can occur and indeed does, I have yet to see any evidence of any safeguards in the procedure to stop this.

I also am not convinced, that the presumed pre-board check would identify or make any difference whatsoever to these claimants when a decision to have a face to face WCA becomes apparent, once again scandalously late, several months later.

I begin to wonder how many claims that have passed through the ESA process and regretfully the Appeals Tribunals without regard to this situation. I dare not wish to have a guess.

I stand to be proved wrong, but astonishingly the phrase: 'a method in it's madness' becomes quite appropriate.
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Re:ESA Delays 6 years 9 months ago #14782

Hi Kobiron,

I agree that the delays in assessment and decision making are scandalous.

However, sadly, there is no statutory time limit within which a work capability assessment has to be carried out. The DWP are free to prolong the assessment phase as long as is necessary and there doesn't seem to be a great deal that can be done about it.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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