Challenging work capability assessment decisions
Next available date
Other available dates
About this course
The work capability assessment (WCA) is used by the Department for Work and Pensions (DWP) to assess whether someone is sick and is central to claims for employment and support allowance (old or new style) or universal credit (UC). Figures consistently show that WCA decisions are frequently inaccurate and many claimants can hope to succeed at appeal. Something is clearly going wrong.
This online training course looks at how best to optimise WCA challenges by focusing on essential regulations and caselaw messages. We look at the Descriptor route to entitlement, and the ‘non-functional descriptor’ safety net, and how WCA challenges can best articulate these lines of argument. We will help you identify the correct entitlement and also examine why DWP assessment mistakes may have arisen. Knowing this will help strengthen appeals you assist with.
The course covers:
- Summary of the sickness system, structure and outcomes
- Assessment errors: what is going wrong, and fixing it
- Descriptor based entitlements
- Summary of ‘Exceptional Circumstances’ or ‘Risk to Self or Others’ cases
- Error points in relation to ESA50/UC50 questionnaire
- Error points in relation to Health Professional assessments
- Assessing whether to challenge a sickness decision
- Drafting a WCA challenge – some ideas
For more effective claims, revisions and appeals see also our experienced-level Work capability assessment – Exceptional Opportunities training.
Methods of delivery and timings
This full-day equivalent, standard-level course, is delivered online via Zoom over two consecutive mornings. It runs from 10am to 1pm on each day, with a half hour break between 11.15-11.45.
It is a practical course delivered using a combination of trainer presentation, exercises and group discussion. Participants will need a Wi-Fi connection and a suitable device to access the internet. It is not recommended to join via a mobile phone.