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Thread: Another Work Capability Assessment (WCA)

  1. #1
    New Member
    Join Date
    Aug 2016
    Posts
    23

    Another Work Capability Assessment (WCA)

    Hi all,

    I have been gifted another ESA50 through the post today and this would be my 3rd assessment (being declared unfit for work twice prior).

    I take it the Employment and Support Allowance Regulations 2008 is the law that applies?

    Also, if I don't succeed will I get paid during the appeal process?

    Many thanks.

  2. #2
    Senior Member
    Join Date
    Feb 2015
    Posts
    202
    If you fail the assessment, you would have to request for a mandatory reconsideration which is a delay tactic and not many peoples decisions change here and you cannot claim the assessment rate.

    If you fail the mandatory reconsideration you can then appeal and once the DWP receive notification of your appeal from the courts you can then ask for them to reinstate your assessment rate and it should also be backdated for the period where you didn't receive any in the mandatory reconsideration period.

    You should keep sending in sick notes.

    good luck x!

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