2nd WCA lca to lcwra

Anita

No. your ESA will not be affected and you don't need to inform that department as it is not a relevant change.

In case you are not aware, your ESA is being deducted from your UC £ for £.

Gordon

Hi Anita

If you ask for a copy of the assessors report called a UC85 you should find the information in the report but sometimes it is missed. NS ESA is an indefinite award with scheduled reassessment based on the Prognosis Date completed by the assessor in their report, so as you are placed in the support group, your existing NS ESA award continues in payment until a new Decision is made.

I would use the report to help with your PIP, remember the descriptors on the whole are different. There is talk that PIP and WCA assessments may one day become one but not yet. As the advert stated on TV every little helps.

Gary

Anita

I've looked through your previous posts and cannot find a date for the original Decision for PIP that you are appealing other than it was more than five months ago so it is difficult to provide a precise answer.

So first of all, the WCA report should only have been included in their bundle if it was used in the making of the PIP Decision, it cannot be "thrown" into the bundle because it might support the DWP's submission.

The general rule is that evidence that post-dates a Decision can only be used if it specifically states or it is reasonable to assume that it contains matters that would have existed at the time of that Decision.

As I mentioned above, the matter is further complicated as the WCA report you mention may have been in the hands of the DWP for months before the LCW Decision and could therefore have been available to the PIP Decision Maker but without a proper timeline its not possible to make a conclusion on this.

I would also ask what the relevance of the WCA report would be to your PIP review, even where the Activities appear to be close there are still wide differences in the actual Descriptors and it is more than possible for someone to legally score points for one benefit and not the other ad vice versa.

Lastly, the new report, can it be traced back to the date of the Decision, if not, as seems to be the case, then it will be excluded. It might also result in confusion in your submission if you argue that one WCA report is not relevant and another is.

Gordon