LCWRA reassessment?

Robbie64

poppy12345 said:

Spoonie_Turtle said:

Robbie64 said:

Spoonie_Turtle said:

Robbie64 said:

poppy12345 said:

twhitehousescat said:

I am watching carefully as I have recieved the form and have untill 22nd of april to reply (esa) , but in my case the "elephant in the room" is that I go onto state pension on 4th july https://forums.moneysavingexpert.com/discussion/comment/76971765#Comment_76971765

the more i read , it looks like people will not get a face to face at all this year 

Yes, i also received one to be sent back by 13th April. I was hoping i would have heard from them extending the time to return it but haven't heard anything at all. No idea how or why they expect us to return these forms with everything that's going on! It's ridiculous! I haven't even started filling it out yet

I don't think there's any scope for the assessment provider to allow longer to return a form other than if a file is marked as someone being a vulnerable person with mental health problems. In that case the person can take as long as they want as the claim can't be suspended or closed and can only be progressed by a face-to-face appoiuntment.

The DWP should have done what they've done with PIP. Everyone has been given an extra 3 months to return their PIP reassessment forms. And even then there's a three to six month backlog before the PIP form will be dealt with. I'm not sure what the current backlog is for the AP looking at ESA forms.

Interesting, do you have a source for that? I wonder if new claims have any grace period beyond the usual 2-week extension?

I read it somewhere, not sure if it was in a thread here or over at Rightsnet. I think whoever posted it said it was a recorded announcement when you phone the PIP telephone line.

Oooh I've most found reference to it:
"Q. How long do I have to return the ‘How My Disability Affects You’ form, commonly known as a PIP2?
A. A message on the PIP inquiry phone line as of today, April 2nd 2020 , says the time limit for returning this has been extended from 4 weeks to 90 days. It says the 90 days starts from the date you received it. We think this should say 90 days from the date on the covering letter that came with it." https://www.benefitsandwork.co.uk/coronavirus-updates

Excellent, I'm so glad you mentioned that, thanks!

I notice there''s Q and A's on that link and i seen this ..

Q. Can I be found Fit for Work (fail the Work Capability Assessment,) without having attended a face to face assessment?
A. Yes, the decision as to whether you are Fit for Work will be based on a paper or phone assessment. There is no requirement in law that says that the health care provider must carry out a face-to-face assessment.

Surely that's incorrect? They can't find you fit for work without a face to face assessment?

I agree, I was always under the impression that a face-to-face assessment is needed if it looks likely that a person will be found not to have LCW. Plus on page 15 of the WCA Handbook which is issued by the DWP to CHDA (Maximus) it says in relation to the Filework check stage when an ESA50 or UC50 is received:

In cases where the evidence does not suggest that the claimant fulfills the criteria for Limited Capability For Work Related Activity or 'Treat as LCW' categories and does not appear to have ongoing limited capability for work, the HCP will advise the DM that the claimant requires a face-to-face assessment

However I'm guessing that the above is adminstrative and that there is no requirement in law for a face-to-face assessment. The requirement will be that the HCP has enough evidence to complete an assessment and to make a recommendation based upon robust evidence. If not the DM at the DWP would (or should) just refer the file back to the HCP.

I suppose in the current circumstances the DWP could just provide an easement and not insist on a face-to-face assessment but that will encourage MRs and appeals unless it is pretty obvious that the person has absolutely no health limitations.

twhitehousescat

Robbie64 in my case esa , and pension , review date 22may ,(therefore about 40 daysfrom pension)  they admit form sent wrongly "all done by computer sir" , cannot over ride it , but will pass to a team who will ring me back before next wed 

no chance of extension to esa50 , not for anyone , been told to send it back , or simply not bother , due to covid d delays 

when i mentioned i had rung maximus and they had stated must be sent back or they will  cancel esa , dwp says "we make rules , not them "

Robbie64

twhitehousescat said:

Robbie64 in my case esa , and pension , review date 22may ,(therefore about 40 daysfrom pension)  they admit form sent wrongly "all done by computer sir" , cannot over ride it , but will pass to a team who will ring me back before next wed 

no chance of extension to esa50 , not for anyone , been told to send it back , or simply not bother , due to covid d delays 

when i mentioned i had rung maximus and they had stated must be sent back or they will  cancel esa , dwp says "we make rules , not them "

Fingers crossed that your WCA is cancelled. To do that the DWP would need to formally request the return of your file from Maximus. So unless you hear otherwise you need to complete your ESA50 and make sure it gets back to Maximus on time. If I were you I'd send it back around the 15th April just to be on the safe side, that gives it a week to get to them and marked as returned on the system.

Whoever at the DWP input the result of your last assessment should have realised that your SPA was within 91 days of your ESA review date. That is an error on the part of the DWP that should be rectified. Hopefully they do contact you to say your WCA review has been cancelled. But if they do say they have cancelled it and recalled the file I'd suggest leaving it for a day or two and then phoning Maximus to make sure it really has been cancelled. If the file has been returned then Maximus should have it marked as such.

KxMx

With the post experiencing disruption I'd send it back 10 days before due. 

. 

twhitehousescat

got phone call back from dwp 
the gist is 
the form was sent by a half a sleep computer 
no human was involved 
they will not contact medical people ,,, because
in cases were forms are not sent back they re look at case , if it was for a mental type illness they contact customer and send new form out , they do not stop benifit 
they have marked my file and no further forms or letters will be sent and my benifit will continue 

felt i was being spoken down to and being fed £$%l%hit , and have no faith in them or the system 
the form will be sent back as medical are working and reading forms , but it will simply state "hand case back to DWP , as my renewal date falls within 91 days of state pension , this will clear me of the failure to return form from the  "nasties" at medical and there quest to get paid on removal of a person from benifit payment 

Robbie64

^

Not great but at least you tried. The DWP could easily have ended the review but the person you spoke to obviously doesn't want to stop what has been started. It's called taking the easier way out. You'll now need to ensure you get the form back in on time. It's up to you whether you mark your form as you said you would but personally I'd just make a polite note in the section headed "Other Information" which is on page 21 on the form I have on my computer screen. Simply make a note that you turn 66 (? I think that's the SPA now) on 04/07/20 and the DWP have admitted that the whole ESA review process has been started in error. With any luck that might be enough to persuade Maximus to give you at least a short term award. And that assumes that Maximus get around to even looking at it in the next month or two AND that someone at the DWP does likewise once the file is returned to them.

twhitehousescat

thanks , but over and over I have been told maxinus are the servants , not the lord , maximus cannot award or decline , there results are sent to dwp who decide 

Robbie64

twhitehousescat said:

thanks , but over and over I have been told maxinus are the servants , not the lord , maximus cannot award or decline , there results are sent to dwp who decide 

That's true, it's the DWP who decide on entitlement. But Maximus provide advice to the DWP and unless it is blatantly wrong or at least contradictory to the evidence the Decision Maker at the DWP will usually follow that advice.

twhitehousescat

Robbie64 said:

twhitehousescat said:

thanks , but over and over I have been told maxinus are the servants , not the lord , maximus cannot award or decline , there results are sent to dwp who decide 

That's true, it's the DWP who decide on entitlement. But Maximus provide advice to the DWP and unless it is blatantly wrong or at least contradictory to the evidence the Decision Maker at the DWP will usually follow that advice.

in which case DWP will be given my "spoilt" esa50 , on which will be the reason for scant info on it , plus they "say" they have marked my file ,,, and lets not forget the 91 day rule , if they kick off , by god they will wish they hadnt