Employment and Support Allowance (ESA)
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Called in for capability for work assessment

SamsungPassSamsungPass Member Posts: 2 Listener
My daughter who was registered as permanently disabled in 2010 has been called in for a capability for work assessment. It has cost me £40 for a doctor's letter explaining how it is difficult for her to get there. When i phoned to explain they would not accept my request for a home assessment for her without his letter. I have already fought for her PIP assessment where everything that we explained she could not do was totally ignored

Replies

  • RipplesRipples Member Posts: 189 Pioneering
    @SamsungPass Unfortunately   few escape the WCA did you fill in a ESA50 prior to the appointment? Have they accepted that she needs a home appointment or paper review now?


  • mikehughescqmikehughescq Member Posts: 5,989 Disability Gamechanger
    There’s no such thing as being registered disabled as the register was abolished a long time ago. ESA aren’t interested in the permanence of her condition so much as the impact of it on her ability to perform specific tasks safely and repeatedly in a work context. 

    As far as a HV is concerned you need to decide whether going to an assessment centre is difficult or impossible? Difficult won’t ordinarily get you a HV unless you rephrase the request as a formal request for a reasonable adjustment under the Equality Act 2010. They then have only a limited number of legal reasons to refuse and you can issue a letter before action which will further focus their minds.

    ESA assessments can be switched off in specific circumstances so you should read about that too to see if it might be applicable to her.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    SamsungPass
    SamsungPass,

    I'm really sorry - it's such a lot of constant advocacy & unfortunately it doesn't matter how much you said for your daughter at the PIP assessment, this is entirely separate, at this stage.

    I think if assessments had been switched off for your daughter, she wouldn't have been called to an assessment. You could have a look at the information and guidance, but the decision on whether someone is reassessed or not isn't appealable. You should get a decision on this issue this time, & you could always complain or go to your MP if you disagree.

    Regarding the home visit, I think Mike's suggestion is a good one. To pay £40 just to get evidence to have a necessary home visit isn't acceptable - eg, if she cannot access the assessment centre, or cannot travel, or cannot leave the house. You may have already provided evidence in connection with her ESA & there's no reason they cannot use that. If you are going to ask for an adjustment under the Equality Act then you'll need to explain why the assessment centre or the journey to the centre isn't accessible to your daughter. Asking for an adjustment should include whatever would be needed to make the assessment possible (which may or may not be a home visit). 

    I'm afraid I also agree with Mike that being registered or not doesn't really mean anything in the context of benefits - I'm sorry because I know you must have been through a lot & constantly having to prove your daughter's needs is a huge amount of work you shouldn't have to do. This is why contacting your MP could also be helpful. 

    Will


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  • SamsungPassSamsungPass Member Posts: 2 Listener
    Thanks very much for your long and caring answer. They have now told me we will have a taxi to get us to the assessment centre, Once more confirming my complaint that money is being spent unnecessarily instead of being paid to the people who need it.
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