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ESA Reassessment 2016
- Idonia
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7 years 5 months ago #172673 by Idonia
Replied by Idonia on topic ESA Reassessment 2016
Hello,
I phoned DWP at the end of last week and asked for a copy of my ESA85A, because I was interested in seeing it. Today I received something completely different from them - an LT54, which is not what I asked for!
However, I don't understand the wording on this letter. I have copied it below (and redacted all personally identifying information) and I was wondering if anyone might be able to help me understand what it means?
On 8/9/2016 **** ****** ********* **** was assessed by a Health Care Professional from the Centre for Health and Disability Services in connection with the Work Capabilities assessment.
Having considered the available evidence, the Decision Maker has decided that **** ****** ********* **** has scored 0 points from the appropriate descriptors contained in schedule 2 of the Employment and Support Allowance Regulations and therefore has limited capability for work (LCW).
The Decision Maker has proceeded to consider whether **** ****** ********* **** has Limited Capability for Work Related Activity (LCWRA). Having further examined the available evidence the Decision Maker has decided that none of the descriptors contained in schedule 3 of the ESA Regulations apply.
**** ****** ********* **** can however be treated as having LCWRA under regulation 35 (2). This is because the Decision Maker has decided that she suffers from a specific disease or bodily or mental disablement and by reason of that condition there would be substantial risk to the mental or physical health of any person if she were found not to have limited Capability for Work Related Activity.
As a result **** ****** ********* **** continues to be entitled to Employment and Support Allowance with the Support Group component from 21/10/2016.
Please refer for another WCA assessment in 12 months from 8/9/2016.
The specific parts which I don't understand are:
1) If I apparently scored 0 points on the paper-based assessment (I was not called for a face-to-face), how can I be treated as having Limited Capability for Work?
2) I will be referred for another WCA in twelve months' time, but according to this LT54, this will be on September 8th 2017. This is not twelve months from the decision on my claim, which according to the LT54 was made on 21st October 2016. So should I not instead be referred for another WCA on 21st October 2017?
Any help greatly appeciated!
Thanks in advance.
Idonia.
P.S. I have not heard anything further from either the DWP or Maximus about the hospital discharge papers I posted to Maximus last week. I'm keeping my fingers crossed that it won't matter now that a decision has already been made.
I phoned DWP at the end of last week and asked for a copy of my ESA85A, because I was interested in seeing it. Today I received something completely different from them - an LT54, which is not what I asked for!
However, I don't understand the wording on this letter. I have copied it below (and redacted all personally identifying information) and I was wondering if anyone might be able to help me understand what it means?
On 8/9/2016 **** ****** ********* **** was assessed by a Health Care Professional from the Centre for Health and Disability Services in connection with the Work Capabilities assessment.
Having considered the available evidence, the Decision Maker has decided that **** ****** ********* **** has scored 0 points from the appropriate descriptors contained in schedule 2 of the Employment and Support Allowance Regulations and therefore has limited capability for work (LCW).
The Decision Maker has proceeded to consider whether **** ****** ********* **** has Limited Capability for Work Related Activity (LCWRA). Having further examined the available evidence the Decision Maker has decided that none of the descriptors contained in schedule 3 of the ESA Regulations apply.
**** ****** ********* **** can however be treated as having LCWRA under regulation 35 (2). This is because the Decision Maker has decided that she suffers from a specific disease or bodily or mental disablement and by reason of that condition there would be substantial risk to the mental or physical health of any person if she were found not to have limited Capability for Work Related Activity.
As a result **** ****** ********* **** continues to be entitled to Employment and Support Allowance with the Support Group component from 21/10/2016.
Please refer for another WCA assessment in 12 months from 8/9/2016.
The specific parts which I don't understand are:
1) If I apparently scored 0 points on the paper-based assessment (I was not called for a face-to-face), how can I be treated as having Limited Capability for Work?
2) I will be referred for another WCA in twelve months' time, but according to this LT54, this will be on September 8th 2017. This is not twelve months from the decision on my claim, which according to the LT54 was made on 21st October 2016. So should I not instead be referred for another WCA on 21st October 2017?
Any help greatly appeciated!
Thanks in advance.
Idonia.
P.S. I have not heard anything further from either the DWP or Maximus about the hospital discharge papers I posted to Maximus last week. I'm keeping my fingers crossed that it won't matter now that a decision has already been made.
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- Gordon
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7 years 5 months ago #172696 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Reassessment 2016
Idonia
The LT54 is the Decision Makers notes on the Decision they have made.
Regulation 35(2) is one of the Exceptional Circumstances Regulations, by awarding the SG through this Regulation the Tribunal panel are saying that they believe you would be at risk of harm or there would be a risk to others if you were asked to work or to participate in Work Related Activity.
By having Limited Capability for Work Related Activity you are also considered to have Limited Capability for Work.
Reassessments are initiated 5-6 weeks in advance of the prognosis date, the theory is that this allows a new Decision to be made on or about the prognosis date, at the moment this is very optimistic as there are still delays in the assessment process. ESA is an indefinite award, so you remain in the SG until a new Decision is made.
Gordon
The LT54 is the Decision Makers notes on the Decision they have made.
Regulation 35(2) is one of the Exceptional Circumstances Regulations, by awarding the SG through this Regulation the Tribunal panel are saying that they believe you would be at risk of harm or there would be a risk to others if you were asked to work or to participate in Work Related Activity.
By having Limited Capability for Work Related Activity you are also considered to have Limited Capability for Work.
Reassessments are initiated 5-6 weeks in advance of the prognosis date, the theory is that this allows a new Decision to be made on or about the prognosis date, at the moment this is very optimistic as there are still delays in the assessment process. ESA is an indefinite award, so you remain in the SG until a new Decision is made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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