Tweet
Hi everyone and i wish to thank you for spending time reading my query and what i think is a procedure failure by the DWP.I failed a WCA in july 2012 and appealed,the WCA was a conversion from incapacity benefit to ESA,i got zero points.As these things go the appeal dragged on.Then,out of the blue(8 months later) i got an appointment letter to go for another WCA,this was in February 2013 and the WCA was to take place in Feb 2013 also.The appointment was less than two weeks away.
Confused,as i had heard nothing about my appeal i went to a local CAB office for help and during a conversation they had with the DWP over the phone i learned that in november 2012 they had decided to re-imburse my incapacity benefit and backdate any money due to me.This was news to me as they were still paying me the "appeal rate" of ESA.My first query is this,they sent me for another WCA,8 months after the original WCA and used the same ESA50 details that i had completed 8 months earlier.I questioned it at the time with them and they brushed it off.I was never asked if the details were the same or not by the DWP or the HCP.It is my understanding that it is 1 x ESA50 for each WCA,which in turn means they got me to have a WCA without me completing an ESA50 form.
I have none of the criteria that allows the WCA to go ahead without an ESA50 to be completed.
I think i have a case that the second WCA that took place should be made null & void
Thank you
Confused,as i had heard nothing about my appeal i went to a local CAB office for help and during a conversation they had with the DWP over the phone i learned that in november 2012 they had decided to re-imburse my incapacity benefit and backdate any money due to me.This was news to me as they were still paying me the "appeal rate" of ESA.My first query is this,they sent me for another WCA,8 months after the original WCA and used the same ESA50 details that i had completed 8 months earlier.I questioned it at the time with them and they brushed it off.I was never asked if the details were the same or not by the DWP or the HCP.It is my understanding that it is 1 x ESA50 for each WCA,which in turn means they got me to have a WCA without me completing an ESA50 form.
I have none of the criteria that allows the WCA to go ahead without an ESA50 to be completed.
I think i have a case that the second WCA that took place should be made null & void
Thank you
