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2nd assessment. Its to soon.

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5 years 8 months ago #236680 by Gary
Replied by Gary on topic 2nd assessment. Its to soon.
Hi Beragon

Where an ESA or Universal Credit claimant has been assessed as having or treated as having a limited capability for work (LCW) or limited capability for work-related activity (LCWRA), social security law provides that the DWP may require them to undergo a further Work Capability Assessment (WCA) to determine whether-
• there has been a relevant change of circumstances in the claimant’s physical or mental condition; or
• the previous determination was made in ignorance of, or based on a mistake as to, some material fact
ESA claimants may also be reassessed if it is at least three months since the previous determination of LCW/LCWRA.

Beyond this, there are no rules on how often reassessments take place,

An appeal Tribunal’s decision may include a recommendation on when the next WCA should take place following a successful appeal. Unless there is “strong justification” to do otherwise, the DWP should follow any such recommendation, but unless the Tribunal specifies explicitly a particular period following the decision date, the Department assumes that the clock starts ticking from date of the original decision that was appealed. There should also be a minimum period of eight months between the date of the appeal decision and a subsequent WCA, unless DWP has good grounds for believing that an earlier review is required.

Further information on the rules regarding fresh assessments of LCW/LCWRA and Tribunals’ recommendations can be found in paragraphs 42290-42301 of the DWP Decision Maker’s Guide.

assets.publishing.service.gov.uk/governm.../dmgch42.pdf#page=40

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 8 months ago #236685 by Beragon
Replied by Beragon on topic 2nd assessment. Its to soon.
All right get back in the knife box Miss Sharp !

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5 years 8 months ago #236686 by Beragon
Replied by Beragon on topic 2nd assessment. Its to soon.
Thank you Gary, for taking the trouble to explain it to me.

Beragon

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