Failure to start WCA process – gaps in fit notes

Just a bit confused by DWP’s stance on this one.

My client claimed UC in June 2019, reported health conditions and submitted fit notes. Now, my client is somewhat unreliable on account of her mental health, resulting in gaps in fit note provision since then. However, there have been multiple periods of 3 months+ covered by fit notes. So she should clearly have been called for a WCA at some point in the past. DWP have never imposed any work search requirements.

Due to attendance issues at our service, I’ve not been able to challenge the lack of a WCA at those times, and at the moment she hasn’t declared a fit note (although her GP has apparently provided her with one covering her from 2018 to now).

Having spoken to DWP today, they are refusing to start the WCA process – and saying they will start it once she provides/declares an updated fit note.
I’m progressing that now, but is DWP correct in this stance? Essentially that they can’t start the WCA process for a past period?
Even if she was healthy now, there is clearly a period in the past where she could have had LCW/RA.
http://dlvr.it/RjGDgt

Leave a comment

Your email address will not be published.


*


css.php