Hello

We were wondering if people could share their experiences of ESA. We don't appear to have received the increased number of enquiries or appeals against ESA which we were expecting. Is this true for other advice organisations across the country.

Thanks in advance

Yeah, we are the same. We have never received an Appeal yet!!!

I will update you as soon as one arrives!!!!!!

Just starting to get them through now.

Surely, given the timescales involved, we're only now through the 13 weeks assessment phase, so its only about now that people will have had their WCA's.

I would be very interesting in hearing whether appeals are starting to come through, but even more so about the nature of the appeals i.e. are there similar issues as have previously affected the administration of the PCA, or whether there are also appeals on the work-related activity/support group issue, or participation in the WFHRA?

Further, I have heard that the number of people entering the support group is much smaller than was expected (~2-3% compared to 10-12%) and whether this is causing people to lodge appeals.

No appeals yet. Just starting to get people coming in with ESA50's, but have only done a couple of those since Christmas, not a lot compared to the number of IB50's we used to do.

Several ESA50s completed and two appeals coming up. Same sort of issues as for PCA, ie, doctors not asking the right questions and not putting down the answers given by clients.

One improvement I have noticed though is that there has been no arguing with the DWP about keeping people on benefit whilst the appeal is ongoing - I've not even had to ring and check that clients are still getting paid - DWP have sent letters out saying that they will still pay. Surely this can't last...

Hopefully not - when we were in discussions with officials about the issue of run-on benefit payments whilst someone appeals, they were very keen to try and reduce the administrative burden for JCP as much as any great concern for the duties placed on claimants and advisers.

So its good to know that some aspects of ESA are working well and as anticipated.

Maybe I am just cynical but the appeals are as rare as rocking horse droppings in our area to, at a recent TUGS meeting it was confirmed they are dribbling in rather than the expect flood preparede for, but just maybe the dramatic rise in non disabled JSA claimants who cannot get jobs has possible taken the wind out of Mr Purnell's sails . Echoes of the mid eighties when there was 3000000+ unemployed so all the Steel, Coal etc workers over the age of 50 and made redundant were channelled down the route of Invalidity.

I heard unofficially that there have only been a few thousand assessments across the country so far.

The point about the benefit is that it's express in the rules that you stay on the assessment rate until the assessment phase is complete, even if that means waiting for a Tribunal. At least it doesn't leave people worse off than on JSA any more.

"The point about the benefit is that it's express in the rules that you stay on the assessment rate until the assessment phase is complete, even if that means waiting for a Tribunal."

We were speculating that this may be a factor in the lack of appeals. Many claimants may not realise there is a problem because their ESA claim does not end & their income does not change.

Taking this argument a step further - will we start picking cases too late (after the appeal has been heard)?

Still no appeals here in Darlington - a prize awaits for the 1st 1!

Apparently there is a large backlog of medicals waiting to be done - until these are completed then we wont see the resulting appeals in the numbers we were expecting. Interesting point from the last post.
We are not getting the number of enquiries we expected either but we are helping with a good number of initial forms. My only appeal so far is on a right to reside issue.

What we have noticed here is very quick issue of appeal submission by local JCP, only a week to two weeks after the appeal is lodged, as opposed to up to 3 months for incapacity benefit/credit appeals that are still coming through. Also, clients are sent a copy of the Work Focused Health Related Assessment Report, which may shed some further light on matters. Interestingly, the standard wording on the ESA85 and WFHRA report from the examining doctor in the case before me is (for someone who only scored 12 points) -

"In my opinion a return to work could be considered within 6 months"

which seems somewhat at odds with making the client sign on for JSA now, by refusing his ESA

Brian

We've got just 2 appeals across the whole of our service, and they are both for clients who have been turned down flat. (Both of which contain the phrase Brian has quoted about returning to work in 6 months, and we also thought that it leaves clients somewhat stuck between a rock and a hard place).

I also saw a client last week who has been getting the £60.50 for 4 months now, and when I chased it up with the JC+ I was told that they had a big backlog of assessments.

Hiya

We still havent had any appeals. Does anyone have copies of standard appeal letters? Have you devised one for the decision and/or medical refusal and one for the limited capacity for work activity?

Confused. com !!!!!!!!!!!!

Nicola x

I have one listed for May.

I looked at the Work Focused Health Related Report; it is done within the whole assessment (not separate) both at the same time according to the times shown...

The medical examination and interview started at 10:40, then the WFHRA started at (11:38, and finished at 11:56), the examination and interview continued and finished at 12:22.

There was a medical report examination and assessment for 58 minutes, then a WFHRA for 18 minutes, then back to the medical report examination and assessment.

So, if the WFHRA was completed 25 minutes before the examination and assessment ended, how can the it be accurate?

The report was finally complete at 12:46

It was confusing because the WFHRA was not included as part of the submission papers - the WFHRA contradicts the medical assessment.

If the examination uses answers from both reports then why is the WFHRA sent to the claimant and not included in the submission pack?

First appeal done this morning - client awarded 12 points. It took the panel 20 minutes to read the submission (one page long with three letters from consultants and social worker) 40 minutes to question my client - thank god I only asked then to consider five descriptors - and then another 20 minutes to make a decision. This is compared to the IB appeal I had last week with the same panel that took 5 minutes.

Think I'll be taking this further...

I now have 2 clients who are still in assessment phase 5 months on , so no premium, anyone have a idea on seeking compensation, as client is missing out on £24+ pw and the assessment period is supposed to be 13 weeks (according to the Govt).

i've just had my first appeal come through. like others, the doctors report also states - "In my opinion a return to work could be considered within 6 months" which is a bit puzzling. are they fit for work now or not?

i filled in the personal assessment and we scored 22 points (if my memory serves me) for IBS, occaional incontinence, damaged cocyx and a bad knee. the examining doctor scored nil points

Anyone with any thoughts on this: (also see my previous post)

A person has limited capability for work when they reach 15 points.

WFHRA Deferral

Part 8) Chapter 1) Deferral of requirement to take part in a work-focused health-related assessment

52 (1) where

(b) it appears to the health care professional that –

(i) at least one of the descriptors set out in schedule 3 applies to the claimant


DM Guide - Deferring the requirement for a work-focused health-related assessment

53012 Where

1) a health care professional has conducted an assessment in relation to the claimant for the purpose of enabling the decision-maker to determine whether the claimant has limited capability for work-related activity and

2) it appears that

2.1 - one or more of the descriptors for limited capability for work-related activity applies to the claimant

I am looking at whether the work capability assessment (WCA) procedure was followed correctly.

The Disability Alliance ESA (also on DWP Website) states that the Limited Capability For Work Assessment is the first part - the Limited Capability for Work Related Activity Assessment is the second part - and the Work-Focused Health-Related Assessment is the third part.

As in my case (client had no breaks) - if the Work-Focus Health-Related Assessment took place and finished 26 minutes before the Limited Capability For Work Assessment finished; how does the assessor know beforehand that there would be no deferral? Surely the first and second elements should finish first to decide on deferral or not.

So, if the Work-Focused Health-related Assessment (WFHRA) took place before the Limited Capability for Work Assessment (WCA) finished, we don’t know what order the 3 elements of WCA took place.

Any thoughts on challenging would be welcome.