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Thread: Universal Credit Work Capability Assessment abandoned

  1. #1
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    Universal Credit Work Capability Assessment abandoned

    I hope someone can help me with some advice.

    My daughter receives universal credit with a Limited Capability for Work Element due to both physical and mental health issues. She was called for a Work Capability Assessment and we attended, this was an incredibly traumatic experience for her, causing many sleepless nights and massive emotional upset during the assessment, so we were totally dismayed when 45 minutes into the assessment, the assessor informed us she was not qualified to assess one of the minor health issues discussed which would have no impact at all on the ability to work. She then went on to say that the assessment would be discontinued and nothing would be saved, instead my daughter would have to attend on a different date and start the assessment all over again.

    I never expected this to be a pleasant experience and I know mine can't be an objective view as it's my daughter but this seems so cruel and I am tempted to think it was deliberate in the hope she just won't attend again and so they can stop her payments.

    Is it permitted for an assessor to abandon a meeting and can they make my daughter go through the whole thing again? Can we complain that the health issue we were discussing, and the assessor was not qualified for, was not significant to the assessment so the assessment should not have been abandoned? If they insist on another assessment, why can't they just continue from the point they left off?

    Any help or advice would be greatly appreciated.

  2. #2
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    Was this health condition mentioned on the form that you completed or any other evidence that was supplied?

    From the WCA handbook it says:

    The HCPs have to ensure that they are fully familiar with all the conditions a
    claimant has indicated on an ESA50 or in the available evidence (such as Med 3,
    113, previous ESA85/IB85 reports) before commencing filework activity or a face-toface
    assessment.
    Various resources are available such as the LiMA repository,
    relevant and appropriate Evidence-Based Medicine (EBM) based internet sites, and
    the HCP may also discuss the case with an experienced HCP / CSD (Customer
    Service Desk) HCP / MFC (Mental Function Champion) HCP.

    If the person assessing did not make themselves 'familiar' with the health condition then you may have cause to complain.

    Whether this would make any difference or not is another question. If nothing was recorded then it would be extremely difficult to 'continue from the point they left off'.

    You could try asking your doctor for a letter explaining that another assessment would cause severe distress to your daughter/have a detrimental effect on her mental health and/or ask for a home assessment on the same grounds.
    Last edited by pmlindyloo; 03-20-2017 at 10:54 PM.

  3. #3
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    Thank you very much for the response.

    Yes the condition was mentioned on the ESA50. To be honest, the assessor didn't seem very familiar with anything, she kept asking questions repeatedly then looking at evidence (prescribed medicines, doctors letters) again.

    I'm torn as I really do want to make a complaint but I'm concerned it may affect her next assessment adversely. I need to think about this.

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    Hello pmlindyloo,
    Is this correct ?

    If you have a mountain of medical evidence then you could also ask for a paper based assessment but this then runs the risk of your daughter being found fit for work.
    As it has always been my understanding that no one could be "found fit for work" unless they'd received a face to face assessment.

  5. #5
    Senior Member nukecad's Avatar
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    We all make a mistake now and again.

    (As the Dalek said, climbing of the dustbin).

    But I think pmlindy may have been talking about 'Failure to attend' any rescheduled WCA, which could also result in a ffw.
    Last edited by nukecad; 03-20-2017 at 09:12 PM.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


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  6. #6
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    Quote Originally Posted by nukecad View Post
    We all make a mistake now and again.

    (As the Dalek said, climbing of the dustbin).

    But I think pmlindy may have been talking about 'Failure to attend' any rescheduled WCA, which could also result in a ffw.
    wasn't sure if it was a new rule for UC, thinking maybe I was getting a bit behind the times with it all.

    "Failure to attend" (without reasonable cause) has always led to a Ffw decision ?.

  7. #7
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    Quote Originally Posted by Jard View Post
    Hello pmlindyloo,
    Is this correct ?



    As it has always been my understanding that no one could be "found fit for work" unless they'd received a face to face assessment.
    Absolutely right. My mistake. Apologies. Have edited post.

  8. #8
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Jard View Post
    "Failure to attend" (without reasonable cause) has always led to a Ffw decision ?.
    The legislation says if you fail to attend a WCA, without good cause, then you are "treated as not having limited capability for work".

    Which is a de-facto FFW decision, but with some further provisos about appeals, etc.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for information.

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