Failure to attend an ESA assessment new guidance:
January 18th, 2022 by AdministratorDWP have suddenly announced that they have changed the safeguarding procedure for vulnerable claimants.
This is not including past claimants but in future, a case conference will take place first rather than DWP just stopping benefits if a claimant fails to attend a work capability assessment (WCA).
This follows Upper Tier ruling where the court deemed it to be unfair. Since then we have successfully argued everyone of the cases we have submitted as Mandatory Reconsideration for failure to attend.
The change may also have happened because the DWP are in court for a two day hearing soon brought by the family of Errol Graham.
Errol who sadly starved to death in June 18, after his benefits were stopped because he failed to attend a WCA.
This was done without DWP checking on his mental or physical health wellbeing, even though he was known to have serious mental health issues.
The family are challenging DWP’s safeguarding procedures and the family’s lawyers are set to scrutinise the guidance issued to DWP decision makers.