Challenging work capability assessment decisions
WCA limited capability for work assessment
You can appeal straight away if you want to challenge a decision that you do not have a limited capability for work for employment and support allowance (ESA), as long as you are eligible to claim ESA while you are appealing, which you can do in most cases. However, you cannot receive ESA pending the appeal if you have had two consecutive decisions that you do not have (and cannot be treated as having) a limited capability for work. Nor can you receive ESA pending the appeal if you are appealing against a decision that you do not have good cause for failing to send back the capability for work questionnaire or take part in an assessment (in these situations, you will need to submit a new claim pending your appeal; payment of ESA may be suspended until you return a capability for work questionnaire or take part in an assessment).
For universal credit, you must first request a mandatory reconsideration; once you have received the mandatory reconsideration notice confirming that you are not considered to have a limited capability for work, you can appeal.
WCA limited capability for work-related activity assessment
You cannot appeal straight away, you must first request a mandatory reconsideration; once you have received the mandatory reconsideration notice confirming that you are not considered to have a limited capability for work-related activity, you can appeal.
