Medical / Work Capability Assessments (including WCA decisions) | CPAG

Medical / Work Capability Assessments (including WCA decisions)

Delay 

JR47 Failure to send for a WCA within a reasonable time: UC (claimant receives PIP, has inappropriate conditionality and will be in LCWRA group once assessed) (last updated July 2019)

 
Students

JR93 Refusal to accept claim for new style ESA as claimant has insuff NI contributions (gatekeeping) & not treating as claim for LCW National Insurance Credits (last updated Sept 2020). This letter assumes the claimant is a student, receives PIP, and has an appointee. If other eligibility for ESA is disputed (eg as is a student) please contact jrproject@cpag.org.uk

 

JR54 Claim refused from a student in receipt of PIP without carrying out a WCA to establish whether they have LCW (last updated Aug 2019) Please get in touch if you have a client in this situation as you may be able to refer to a solicitor (who we understand are preparing to litigate on this issue) UPDATE PENDING 

 
ESA/UC WCA / PIP medical - home visit not offered 

JR56 PIP reassessment not done on papers, no home visit offered, good reason not accepted, and contact only in writing request ignored (last updated Sept 2019)

JR73 PIP as above JR56, but new PIP claim therefore not determined / delay as assessment not done on papers etc (last updated May 2020)

JR67 ESA (old style) WCA (reassessment) not done on papers and home visit not offered (last updated March 2020) Letter assumes ESA has NOT been terminated as a result of failure to attend 

JR66 ESA (old style) WCA (reassessment) not done on papers and home visit not offered (last updated June 2020) Letter assumes ESA HAS been terminated as a result of failure to attend (so includes good cause)

 
Reasons for WCA decision 

JR79 Generic or no reasons provided for UC WCA decision - frustrating appeal rights (last updated July 2020) 

JR80 Generic or no reasons for ESA WCA - frustrating appeal rights (last updated July 2020) 

 
Treating as LCWRA (cancer treatment / termninal illness) 

JR48 Failure to action DS1500 (including requiring to wait for and / or attend a WCA) (last updated July 2019)

JR90 Failure to treat as having LCWRA when undergoing treament for cancer and consequent failure to apply work allowance to sick pay/earnings (last updated Sept 2020)


PLEASE TELL US HOW DWP/HMRC/RELEVANT LOCAL AUTHORITY RESPOND

By emailing JRProject@CPAG.org.uk

This helps us keep the letters up to date and effective for other advisers.