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Yet another WCA

fade2grayfade2gray Member Posts: 8 Listener
in Employment and Support Allowance (ESA)
Hi,

I was already on ESA/WRAG when In January I received and returned a health questionnaire for which I was asked to attend a WCA appointment in February.

I then received a letter from DWP on Saturday 30th March informing me that, as a result of the WC, my ESA had been stopped from Friday 29th March and declared me fit for work and should get a job or claim UC, despite still having the same condition.

I made a claim for UC, submitting fit-notes, and on 10th April CAB initiated a 'mandatory reconsideration' for me warning that it could be a long process and could be even longer if taken to tribunal (I have yet to hear anything back).

Today I received a pdf document, in my UC journal, with the heading:

"Your Universal Credit claim

We need to find out more about your health condition"

... informing me that I'll receive another health questionnaire and possibly have to attend another WCA.

Is this normal practice?

P.S. wasn't sure whether to post this under ESA or UC.
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Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Yes, it's perfectly normal because you claimed UC. The recent work capability assessment you had was for ESA and you were found fit for work. As you claimed UC, then you won't be able to go back onto ESA even if the Tribunal goes in your favour. I'm afraid the process now starts all over again and you'll need to fill out the form and return it with all your evidence no later than the date stated on the letter (when you receive it)

    Any new decision made will overrule the Tribunal decision, unfortunately.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • fade2grayfade2gray Member Posts: 8 Listener
    So, are you saying that the mandatory reconsideration is a pointless exercise?
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  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Yes byes no one wins that pity they don’t scrap mr and just do tribunal
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    fade2gray said:
    So, are you saying that the mandatory reconsideration is a pointless exercise?
    I'd advise you to speak to your local CAB regarding that but the new work capability assessment will go ahead.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,970

    Scope community team
    edited May 2019
    fade2gray said:
    So, are you saying that the mandatory reconsideration is a pointless exercise?
    Hi @fade2gray, it's not necessarily a pointless exercise. If awarded ESA from the MR or at Tribunal and still waiting for your HCA for UC, you can ask for the ESA decision to stand for your UC although it's much trickier as you've been handing in sick notes and they're arranging a HCA. Best of luck. :)
    Senior Community Partner
    Scope
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