Comments, please

Hi,

I am looking for forum feedback/comments on the following, please:-

this is regarding claimants migrating from IB to ESA, who have been found FTW following their WCA, and who subsequently appeal the decision. As the appeals process seems to be taking a year, or more, to be completed, these appellants will then lose their 365 day entitlement to the assessment rate of CB ESA before the result of the appeal is known. If successful, and put into the WRAG, they would then be entitled to the backdated component of CB ESA, but would now not be obliged to attend WFI's, as their entitlement to payment will have been at an end. Why then is the appeals procedure not being speeded up to bring an end to this situation, whereby the aforementioned WRAG claimants will receive their 365 entitlement to payment woithout having to jump through the hoops of the WFI's?

My second point relates to the WCA itself. As entitlement seems, in the main, to rest upon a claimant fulfilling the criteria of a set of descriptors, why then does the WCA seek to to delve into almost every aspect of a claimant's daily life? Their ability to meet certain descriptors, e.g. manoeuvring, by itself, in no way reflects on their ability to undertake the demands of normal daily life, either at home or, more specifically, in the work place. If a claimant then takes on board the time, energy and emotional stress involved in laying bear their daily life, only to fail the assessment because they do not meet the criteria of the particular set of decriptors, what is the point? Why does the WCA not simplify matters and just ask the claimant the questions relevant to the descriptors and dispense with the complexities of the day to day ritual of a claimant's life, which, in most cases anyway, seems to be largely ignored or deemed to be irrelevant by the DWP? I realise there are the "exceptional circumstances" but this rule seems to be rarely applied.

I would welcome any feedback on whether I am being too simplistic with regard to the above, or am I actually on to something in my ruminations?

Spridgett wrote: Hi,

I am looking for forum feedback/comments on the following, please:-

this is regarding claimants migrating from IB to ESA, who have been found FTW following their WCA, and who subsequently appeal the decision. As the appeals process seems to be taking a year, or more, to be completed, these appellants will then lose their 365 day entitlement to the assessment rate of CB ESA before the result of the appeal is known. If successful, and put into the WRAG, they would then be entitled to the backdated component of CB ESA, but would now not be obliged to attend WFI's, as their entitlement to payment will have been at an end. Why then is the appeals procedure not being speeded up to bring an end to this situation, whereby the aforementioned WRAG claimants will receive their 365 entitlement to payment woithout having to jump through the hoops of the WFI's?

My second point relates to the WCA itself. As entitlement seems, in the main, to rest upon a claimant fulfilling the criteria of a set of descriptors, why then does the WCA seek to to delve into almost every aspect of a claimant's daily life? Their ability to meet certain descriptors, e.g. manoeuvring, by itself, in no way reflects on their ability to undertake the demands of normal daily life, either at home or, more specifically, in the work place. If a claimant then takes on board the time, energy and emotional stress involved in laying bear their daily life, only to fail the assessment because they do not meet the criteria of the particular set of decriptors, what is the point? Why does the WCA not simplify matters and just ask the claimant the questions relevant to the descriptors and dispense with the complexities of the day to day ritual of a claimant's life, which, in most cases anyway, seems to be largely ignored or deemed to be irrelevant by the DWP? I realise there are the "exceptional circumstances" but this rule seems to be rarely applied.

I would welcome any feedback on whether I am being too simplistic with regard to the above, or am I actually on to something in my ruminations?

Hi S,

I am afraid that I can only give very simple answers with respect to your queries.

With respect, to paragraph one of your post.

Basically the system is in gridlock, not only are The DWP/ATOS assessing circa 11,000 migrating claimants a week, they are also having to deal with fresh ESA claims.

The Tribunals Service started to make recommendations of when an appellant should be reassessed on winning an appeal, to try and stop "revolving door" appeals.

However, these are only recommendations, and early indications would point to the fact the The DWP are ignoring these recommendations.

Harrington made a recommendation in his Year 3 review, that Decision Making must improve, and that DM's should strive to "get it right first time".

I could go on, as there are a multitude of reasons, but I would be here all day.

With respect to Paragraph two of your post.

The ESA WCA, is a Capability Test, it was designed by ATOS, with input from various other sources.

ATOS developed the LiMA software program that is used in the assessments.

I am afraid that we are stuck with it, unless changes can be forced upon The Government.

Have you thought of putting your queries to your M.P. ?

Contacting your MP

I am afraid that I will have to lock this topic, as this is not really a discussion forum.

cheers

bro58