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Thread: ESA work capability assessment

  1. #1

    ESA work capability assessment

    Hey guys I have been on ESA for 5 years and I have to attend a work capability assessment in a couple of days and I would like to know if the assesor will have information from the previous ESA tribunal that I went to?

    Approx 5 years ago at the ESA tribunal I provided a letter from my psychiatrist at the tribunal and I was awarded the higher rate in support group so I just want to know if they will still have all the information and whether how the tribunal ruled before will that affect the outcome of my WCA, is it likely for me to remain in the support group?

    Thanks for any help.

  2. #2
    Evidence from a tribunal 5 years ago won't be considered as still relevant. The assessment is based on how you are now, not how you were 5 years ago.

  3. #3
    Senior Member nukecad's Avatar
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    The assessor will have nothing from any previous assessments or decisions.

    The only thing the assessor will know is that this is a reassessment and not a first time assessment, so they will know that you already have ESA but not which Group you are in.
    They are basically working 'blind' with regard to previous assessments/decisions, so that those previous decisions do not colour their judgement.
    The assessors assess you on what you have provided this time, and what you say/do at the assessment.

    The DWP Decision Maker will have access to previous decisions, if they want to refer to them.
    But again an assement/decision is about what your abilities are at the time of the assessment, not what they were some years ago.
    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.

  4. #4
    I am confused. I was receiving contribution based ESA from 22/09/2018. During this period I asked for my service charge to be paid. They said I had to wait for 9 months waiting period to qualify to get this payment. On 22 Feb 2019 I was assessed as being capable for work and told that ESA would stop from this date and that I should apply for universal credit. I immediately made the mandatory reconsideration request. While this was ongoing I applied for UC on 18/03/19. I was receiving UC from 18.03. I was asked to complete another WCA which I did. I was assessed a few weeks ago and awaiting a decision on whether I have limited capability to work. I asked the UC team about the service charge payment and was told that because I was on contribution based ESA previously, they cannot link that period with the UC claim made from 18.03.19 and therefore the 9 month month waiting period to pay service charge will only apply from December 2019. The mandatory reconsideration came back as no change. I did not appeal to the tribunal. Can anyone advice if DWP is right about the service charge being only applicable from December 2019?

  5. #5
    Senior Member nukecad's Avatar
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    You should realy start your own thread to ask your own question, rather than jumping on 'hijacking' someone elses.

    I believe that they are correct that the claims cannot be linked. But it doesn't matter because there is no '9 month waiting period', see 'Secondly' below.

    Firstly:
    UC is an Income Related benefit, so it should not be possible to link it to a previous, different, Contribution Based benefit.

    (Just to forstall any questions - CB/IR ESA claims could be linked in the past, as could CB/IR JSA, because they were the same benefit that was being linked).

    Secondly:
    You couldn't claim the service charge with CB ESA anyway, it coul only be paid if you had IR ESA.
    If you were on CB ESA WRAG, then it would have been a matter of waiting until it became IR ESA WRAG after 52 weeks. (Which is where the 9 months wait would have come from).

    So Finally:
    Talk to UC again about getting your service charges included in your housing element, simply ask about that - don't confuse the issue by talking about previous ESA and/or waiting periods.

    Note that only certain service charges can be included in UC, see this article from entitledto:
    https://www.entitledto.co.uk/help/Ho...iversal-Credit
    Last edited by nukecad; 06-14-2019 at 10:40 AM.
    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.

  6. #6
    Thank you so much for the advice. Firstly, I apologise for not having posted my problem in the correct manner. I appreciate the advice and will contact UC to review their decision for not paying me the service charge. If they refuse I will get some legal advice to challenge them

  7. #7
    Hi all.

    I had my ESA reassessment interview back in Mid-Late March.I waited approximately 3 months to hear about the result of this interview.I heard nothing from the DWP,so i phoned them on Thursday and was told that i would be put in the ESA WRAG and that they would send confirmation of this decision by post.I told them on the phone that i was not happy about this,because i had not phoned them on Thursday then i may never had heard from them at all!!...i also told the lady i spoke to on the phone that i would be appealing the decision,as i believe i should be in the SG.

    So here is the question....is it really worth my while to appeal this decision in an attempt to get put in the SG?....IS THERE REALLY THAT much difference between the WRAG and the SG these days?...and also,in the future,when UC is rolled out,will there be much difference then?

    For the record,i am currently receiving ESA WRAG (+SDP and EDP) at the moment.I am also receiving PIP (higher rate of daily living).

    Thanks in anticipation

  8. #8
    Sorry for jumping on this thread by the way...will start fresh one

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