Employment and Support Allowance: How to get in the Support Group if you have waited a long time for an assessment
Waiting a long time for an ESA Work Capability Assessment or claim declined without attending an assessment?
Please note that the following information relates to ESA only, not the Universal Credit Work Capability Assessment process
If you have been waiting a long time for an assessment date, you can ring them and ask for a reason for not allocating an assessment date and venue.
If the assessment centre staff keep passing the buck and do not allocate you a date, you can write to the DWP pointing out that you haven't been given an assessment and requesting that they confirm that due to the lack of an assessment within a reasonable time frame, that they apply Regulation 35 (b) (2) and place you in the Support Group on the basis that you have been deemed to ill to attend an assessment by virtue of the medical evidence submitted with the application and the lack of a request to attend a Work Capability Assessment.
Ordinarily I would say this approach can be taken after around 4-6 months and where there is a good record of treatment for the medical conditions detailed in the original application.
The ESA regulations state that nobody can be denied an ESA claim without having attended a WCA assessment. Where an assessment does not take place, the claimant has to be placed in the Support Group under the auspices of Regulation 35 (b) (2).
One of two things will happen if you write the above letter, they will either ensure you get a date for assessment of they will give in and place you in the Support Group on a 1 or 2 year review date.
The above letter would also be advisable for claimants that believe they have been declined ESA without having a medical assessment.
As always our adviser team are on hand to help you with any benefits queries you may have.
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