work capability assessment

  • ESA and WCA – recent and forthcoming changes

    Issue 258 (June 2017)
    article

    Simon Osborne reviews changes regarding employment and support allowance (ESA) and the work capability assessment (WCA).

  • Repeat WCAs following appeal: new guidance

    Issue 243 (December 2014)
    article

    The DWP has issued new guidance (Memo DMG 27/14) about repeat referrals for the work capability assessment (WCA), where the claimant has been successful in an appeal. As before, when a repeat WCA is to be applied is not a matter of law, and so is not in itself a potential subject of appeal to the First-tier Tribunal. However, the guidance, described here by Simon Osborne, provides some very useful pointers in advising claimants as to what they can expect.

  • Recent WCA caselaw

    Issue 239 (April 2014)
    article

    Simon Osborne reviews some important recent caselaw about the work capability assessment (WCA).

  • WCA Case Law Pack: Employment and Support Allowance


    page

    WCA Case Law

    Price £54.50 (printed book); £47.50 (USB version); £78.50 (book plus USB version) c.800 pages - ISBN 978-0-956942-08-1

  • Walking, wheelchairs and the WCA

    Issue 237 (December 2013)
    article

    Simon Osborne describes a current split in the caselaw on the question of whether someone’s ability to ‘mobilise’ with a manual wheelchair refers only to functional limitations, or to wider personal factors such as the ability to store the chair. The split will hopefully be resolved in a forthcoming decision of a three-judge panel of the Upper Tribunal.

  • Making an exception

    Issue 233 (April 2013)
    article

    Martin Williams takes a look at preparing appeals in cases involving the work capability assessment where the argument concerns the risk of substantial harm to the claimant or another person in the event they are not found to have limited capability for work (or work-related activity).

  • WCA changes again

    Issue 232 (February 2013)
    article

    New rules taking effect from 28 January 2013 make further changes to the work capability assessment (WCA). Simon Osborne describes what has happened.

  • Whither the WCA?

    Issue 230 (October 2012)
    article

    Simon Osborne considers prospects for reform and other change to the work capability assessment.

  • Incapacity to ESA: transfer and reassessment

    Issue 221 (April 2011)
    article

    Simon Osborne reviews the rules under which most existing claims of benefit on the basis of incapacity for work are being transferred to claims for employment and support allowance (ESA), with entitlement reassessed.

  • ESA: appeals and repeat claims

    Issue 216 (June 2010)
    article

    Edward Graham examines updates to the law and guidance.