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ESA - Delay in assessment
- Bev
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7 years 11 months ago #158460 by Bev
ESA - Delay in assessment was created by Bev
My sister claimed ESA (contributory) on 16 January 2015. She was told that the ESA would stop a year later (she is not entitled to the income-based ESA due to savings). Subsequently she was called to an assessment in April 2016, i.e. several months after she had stopped receiving ESA) and has now received a letter stating that she has been placed in the Work Related Activity Group. Had she been assessed earlier she would certainly been in the Support Group. Is this fair to assess her so late? She is recovering from a traumatic brain injury and is making progress, but wouldn't yet been able to go back to work. She has not (yet) lost her job either and is still being signed off sick by both her GP and also her employer's OH doctor.
Is it usual to be assessed so late? Can we object to this?
Any comments or thoughts welcome!
Is it usual to be assessed so late? Can we object to this?
Any comments or thoughts welcome!
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- Gordon
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7 years 11 months ago #158476 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Delay in assessment
Bev
I'm afraid there is no required timescale for assessment to be carried out within, there have been considerable delays in the process for more than two years because of the DWP pushing too many claimants through the system, they are still trying to catch up in many areas and it looks like your sister has been caught up in this.
You say that your sister would have qualified for the SG if assessed earlier, is this because her conditions have improved?
She can certainly make a complaint about the time that it has taken to assess her, but it will be difficult to show how much she has been disadvantaged if her limitations have changed.
You say that her savings are preventing payment of ESA(IR), if they drop below the £16,000 limit due to reasonable expenditure then she can ask to be financially assessed by the DWP and if successful would receive then receive the WRAG rate.
Gordon
I'm afraid there is no required timescale for assessment to be carried out within, there have been considerable delays in the process for more than two years because of the DWP pushing too many claimants through the system, they are still trying to catch up in many areas and it looks like your sister has been caught up in this.
You say that your sister would have qualified for the SG if assessed earlier, is this because her conditions have improved?
She can certainly make a complaint about the time that it has taken to assess her, but it will be difficult to show how much she has been disadvantaged if her limitations have changed.
You say that her savings are preventing payment of ESA(IR), if they drop below the £16,000 limit due to reasonable expenditure then she can ask to be financially assessed by the DWP and if successful would receive then receive the WRAG rate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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