UC 50 / WCA / CHDA FLAWED COROURPT REPORTING BY ASSEOR

Hi Adrian

I'm sorry that you find yourself in this position. I'm afraid I can't tell you how quickly your complaint will be dealt with. It could be within six weeks, but it could be much longer.

Most Decision Makers follow the recommendations of the Assessor's report, though I have seen a few where they have made a different decision - sometimes in favour of the claimant and sometimes not.

In my experience, ICE sometimes agrees that an assessment report is inadequate, and the result is the claimant is given a new assessment.

BIS

Hi adrian

There are two parts to the work capability assessment :-

The first part looks at whether you have 'limited capability for work' (LCW)
The second part looks at whether you have a 'limited capability for work related activity' (LCWRA)

1) Limited Capability for Work
Assessment to help determine benefit entitlement based on the extent to which a claimant’s health condition or disability affects their capability for work

2) Limited Capability for Work-Related Activity
Assessment to help determine whether the claimant can be placed in the Support Group because the effect of their condition is so severe that it would be unreasonable to expect them to engage in work-related activity.

You will be found to have limited capability for work and work-related activity if:

* at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
* your capability for work and work-related activity is limited; and
* it is not reasonable for you to carry out the activity.

To be assessed as having a limited capability for work, you need to score 15 points or more. Add together the highest score from each activity that applies to you.

The following criterion can only be considered once it has been determined that the claimant has not scored fifteen or more points against the schedule 2 descriptors (limited capability for work), and/or they have not scored against one or more of the schedule 3 descriptors (limited capability for work and work-related activity).

* if, because of a specific health condition or disability, the physical or mental health of the claimant or anybody else would be at risk if they were not found to have limited capability for work-related activity 

In order to qualify for the Support/LCWRA Group you need to;

* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.

The Support/LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.

Gary