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Waiting for Work Capability Assesment

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9 years 11 months ago - 9 years 11 months ago #121223 by FOST6085
Waiting for Work Capability Assesment was created by FOST6085
I am waiting to hear when I have to go for a Work Capability Assessment, I sent my claim form in July 2013 and I still haven't had an Assessment , I am worrying that I will not get an Assessment until after the 12 months of applying. I am on contributions ESA and have been told that this will stop on 17th July 2014.
I have contacted the DWP about this they told me to phone ATOS which I have done and they said there was nothing they could tell me when or if I will have an assessment.
I am really worried that my claim will run out before I have an assessment.
What will happen if this is the case??? I am really worried.
Last edit: 9 years 11 months ago by Gordon.

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9 years 11 months ago #121227 by Gordon
Replied by Gordon on topic Waiting for Work Capability Assesment
Jules

I am afraid that the time limit for ESA(CB) payments takes no account of pending assessments so your ESA(CB) payments will stop if you are not placed in the Support Group before July.

Have you checked whether you are eligible for Income Related ESA, if you are then your payments will continue. ESA(IR) is dependant on your household income, assets and savings and any hours that a partner works.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If you think that you do qualify for ESA(IR) then you should contact the DWP for an ESA3 form.

If you are not, then the next thing to consider is whether you meet the SG criteria, if you think that you do then it worth pushing the DWP and contacting your MP to see if an assessment can be arranged so that you have no break in your payments, if there is then you may have a case for compensation for any additional costs that you incur due to the delay.

Contacting your MP

Complaining to the DWP

If you think you will only qualify for the WRAG again then to be honest there is no need to chase ATOS as you will only receive NI Credits.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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