DWP WCA Guidance On Severe Conditions
DWP WCA Guidance On Severe Conditions
DWP WCA Guidance On Severe Conditions
Prognosis/Re-referral
Guidance at WCA Face
to Face Assessments
and Filework
(Distance Learning)
MED-DWPSCPRRWCAA~001(a)
Foreword
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Document control
Superseded documents
Version history
Version Date Comments
st
1a draft 21 August 2017 Initial draft
nd
1b draft 22 August 2017 Updated with changes to DWP Guidance from
UC policy
rd
1c draft 23 August 2017 Formatting
th
1d draft 24 August 2017 Updated with DWP comments
th
1e draft 29 August 2017 Updated with further DWP comments
th
1f draft 30 August 2017 Updated following DWP guidance changes.
th
1g draft 30 August 2017 Formatting
st
1h draft 31 August 2017 Draft DWP Severe Conditions Guidance
inserted
st
1i draft 1 September 2017 Further update from DWP Strategy, Policy and
Analysis Group
1j draft
st
1 September 2017 Further update from DWP Strategy, Policy and
Analysis Group
th
1 Final 8 September 2017 Signed off by SH&S
th
2a Draft 13 September 2017 Further updates to DWP guidance added.
th
2 Final 14 September 2017 Signed off by SH&S
Issue control
Author: Clinical Training Team
Signature: Date:
Distribution:
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Contents
Introduction 5
An introduction to your Learning Pack 5
A guide to using this pack 5
Observation form 36
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Introduction
Welcome to the learning pack on the DWP Guidance and Policy Intent in
relation to providing prognosis/re-referral advice in cases where a severe
condition is identified. Within this learning pack, you will be provided with
some background information to this change, the criteria set out by the DWP
that defines a severe condition and case scenarios to consolidate your
understanding of when it is appropriate to offer advice that further
assessment of the claimant would not be required.
This learning pack will provide you with further detail and clarification on the
DWP severe conditions guidance and policy intent. Any extracts from the
actual guidance will be in italics. The full guidance can be found in Appendix
A.
The Learning Pack will take you approximately 1 hour to complete, which can
be done, in one go or at smaller separate sittings. It is important that you
complete learning activities in the order they are given; by doing so you will
reflect, consolidate and build on your learning throughout.
Duration
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CPD Points
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Objectives
By the end of this section you will:
Materials
This learning pack
Duration
The learning activities during this section should take approximately 5
minutes to complete.
The following information has been extracted from the first section of the
DWP severe conditions guidance. The complete guidance can be found in
Appendix A of this document. You should read this information to help you
understand the reasons why the DWP have implemented this change.
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The approved HCP should provide this advice based upon their assessment
of the claimant, their knowledge of the natural progression of the identified
medical conditions, and the time they feel a claimant may need to adapt to
their condition.
HCPs currently are able to provide reassessment advice for 3, 6, 12, 18, 24
months or in the longer term. In practice DWP policy meant that where a re-
referral period of in the longer term had been agreed by a DWP Decision
Maker, the claimant be re-referred for a further WCA in 3 years if in the
Support Group, or 2 years in the Work-Related Activity Group, and the
equivalent Universal Credit (UC) groups.
However, there is an acceptance that this approach does not work for all
claimants. There will be a small number of those for whom their health
condition or disability is such that there can be no realistic expectation that
they would move towards work or take part in work-related activity at any point
in the future. To that end, in October 2016, the Secretary of State announced
that the Department would stop reassessments for claimants in the ESA
Support Group/UC LCWRA Group (those with Limited Capability for Work-
Related Activity) with the most severe and lifelong health conditions or
disabilities for whom reassessments are likely to provide no further new
information.
The new re-referral period will apply to those with LCWRA ONLY. If a claimant
has LCW but not LCWRA, the process remains as now.
The Department has set out the criteria for when to apply the new severe
conditions re-referral period. This can be applied at filework and following a
face-to-face assessment.
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Objectives
By the end of this section you will:
Materials
This learning pack
Duration
The learning activities during this section should take approximately 20
minutes to complete.
Overview
The DWP guidance has 5 severe conditions criteria that must all be met in
order to advise that significant improvement is unlikely and there is no
requirement for further assessment. These are listed below.
2. Lifelong condition
4. Unambiguous condition
This learning pack will take you through each criterion in turn and provide you
with some key clarifications.
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Guidance Notes
Where you identify that any one of the functional LCWRA descriptor applies, you
must then consider whether the other 4 severe conditions criteria apply.
There is no change to how you consider the LCWRA criteria. The same principles
of considering variability, reliably and repeatedly remain. There is no change to
the scope or policy intent of any of the LCWRA criteria.
Note the severe conditions criteria only apply where a functional LCWRA
category is identified.
The severe conditions guidance does not apply to the Treat as LCWRA
criteria. (LCWRA Special Circumstances Criteria). This means you cannot
advise that the severe conditions prognosis/re-referral period applies where
LCWRA Substantial Risk, Terminal Illness, Cancer Treatment, or Pregnancy Risk
is deemed to apply.
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Criterion 1:
The key issue is that the persons condition is not subject to such variability
that their function would ever be significantly improved from the LCWRA
descriptor identified such that a lower descriptor would apply.
For example, a person with severe multiple sclerosis may still have some
fluctuation in their functional ability - but their fluctuation is between severe
and very severe restriction. For example most of the time they are
restricted to mobilising in the house, but during a period of further flare up
the person may be bed bound.
This criterion would not apply for example to a person who has moderate
to severe COPD who has had recent exacerbations where they will meet
LCWRA criteria but at other times can manage reasonable walking
distances.
The key question to think about is If I assessed this person at any point
would my advice always be that functional LCWRA is likely to apply
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Criterion 2:
The condition may have been present from birth but could present later in
life. This may include acute events from trauma/cerebrovascular accident
(CVA) etc or may be from chronic disease processes where the condition
progresses to a severe level and there is no cure or therapy likely to
significantly improve function.
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Criterion 3:
For example, an acquired brain injury (ABI) may have lifelong sequelae,
however; recovery of some function is possible over time and this must be
carefully considered when considering severe conditions advice. A person
with an ABI may initially have profound effects but with rehabilitation etc, may
improve substantially to a point where LCW only applies or indeed, the effects
on their day to day life may be minimal.
The HCP must use their clinical knowledge to consider and advise whether
further recovery of function at the point of assessment point is possible.
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Criterion 4:
The key issue is that there has been thorough clinical investigation and
a recognised medical diagnosis has been made.
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Objectives
By the end of this section you will:
Materials
This learning pack
Duration
The learning activities during this section should take approximately 10
minutes to complete.
Filework Considerations
During WCA Filework, as detailed earlier, advice that a claimant meets the
severe conditions criteria can be provided.
The following are some points extracted from the DWP Severe Conditions
Guidance. Where relevant, further explanatory points are provided.
As normal, where the HCP identifies that one of the LCWRA criteria may
apply, FME should be requested.
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You must carefully consider the most appropriate form of FME to help with
your advice. You must keep in mind what information you have in relation to
all 5 severe conditions criteria and what information you may need.
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If none of the criteria are met, continue with normal case action.
Where one or more of the severe conditions criteria are not met - you should
continue with case action as per normal process.
The DWP have clarified that you must be certain that all of the severe
conditions criteria are met before advising severe conditions applies. If you
have any uncertainty that all the severe conditions criteria apply then you
should not advise severe conditions applies.
As always, you must ensure you have adequate information from the
clinical history, typical day and examination findings to fully justify your
advice that a LCWRA functional category is met.
The HCP must use their clinical judgement to tailor any assessment
where LCWRA is identified and decide on the amount of history and level
of clinical examination required in each case in order that they can fully
justify their opinion to the DM
Within the clinical history - you must ensure you have adequate
information to ensure all the severe conditions criteria are met. This may
mean you need to ask a couple of further questions in relation to
proposed treatment. You must ensure your questioning is sensitive.
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Within the clinical history, you must also explore if the claimant has
refused any interventions recommended by the consultant in charge of
their care.
Justification
The DWP have clarified that where all severe conditions criteria apply,
and severe conditions advice is offered, you must fully justify your
opinion.
The LiMA changes do not have any inbuilt logic. This means the changes
will not identify if LCW/ Functional LCWRA or treat as LCWRA (LCWRA
Special Circumstances) advice is being given and the severe conditions
option will be available in all cases where prognosis/re-referrals advice is
an option. You need to take extreme care that you only use this phrase in
FUNCTIONAL LCWRA cases where all criteria are met.
Be very careful as LiMA would technically allow you to apply this phrase
in LCW/ treat as LCWRA(LCWRA Special Circumstances) cases (Cancer
Treatment/ Pregnancy Risk/Substantial Risk).
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LiMA Justification
Within LiMA the longer term prognosis button will be used.
You will then have 2 options when this prognosis/re-referral option is chosen.
Option 2 Re-assess in the longer term will be used where not all severe
conditions criteria are deemed to be met.
No further assessment
The [LCWRA Evidence] suggests that due to the [diagnosis] the clients condition is unlikely
to improve and is consistent with a severe condition as defined [Free Text]. As per
departmental policy the category of no further assessment cannot apply where the outcome
is Cancer treatment, Risk (LCWRA), Risk (pregnancy) or LCW
Below the above phrase will include a list of LCWRA evidence reviewed in making the
decision. The [diagnosis] will be free text. [Free Text] Will provide a mandatory free text box
for the HCP to fully justify their reasoning.
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There will also be a mandatory free text box for the HCP to fully justify their reasoning.
The DWP have confirmed that there is no requirement to justify why the
severe conditions prognosis/re-referral advice has not been given. Your
justification will remain as normal for any other LCWRA Prognosis/re-referral
period.
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Objectives
By the end of this section you will:
Materials
This learning pack
Duration
The learning activities during this section should take approximately 25
minutes to complete.
The following Case Scenarios are fictitious and have been developed solely
to support learning activities. The amount of information supplied is kept as
minimal to allow time for more scenarios to be considered. You should
assume adequate information from the clinical history and typical day has
been obtained to advise LCWRA. You can also assume any clinical
examination findings are in keeping with the LCWRA criterion.
Case Scenario 1
Key Case details
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Case Scenario 2
Key Case details
57 year old female
Diagnosed age 32 with COPD. Heavy smoker since age 13. Breathless on
minimal exertion. Minimal variability. Average days manages to slowly
mobilise around ground floor of house (unable to get upstairs for the last 2
years). Bad days- she is bed bound and needs assistance for toileting using
commode. Never leaves house other in wheelchair that her daughter pushes
for her to go to hospital appointments. She was told she was Grade 5 on the
breathlessness scale. In addition has atrial fibrillation and severe
osteoarthritis affecting multiple joints (Meets LCWRA criteria for mobility)
Consultant has indicated that no further treatment options are available. She
continues to smoke so he has said she cannot have home oxygen. He says
this would improve things perhaps just a little but not to any great extent
so she feels she would rather enjoy a few cigarettes as the oxygen would
not help much at all. She has also been told that due to all her other
conditions and the advanced nature of her disease, she would not be
considered as a candidate for transplant.
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Case Scenario 3
Key Case details
Medication MST 30mg twice daily. Diclofenac 75mg twice daily. Morphine
10mg as required for breakthrough pain. (Usually 3-4 times daily)
Diagnosed age 45 when he saw his GP with bilateral hip pain. Pain affects
mainly hips but increasingly his wrists as well. Minimal variation in pain.
Had a right hip replacement 4 years ago which was successful and gives him
few problems. His left hip was replaced 5 years ago but unfortunately he
had recurrent dislocations in this joint. This was revised 2 years ago but he
has had ongoing pain in this hip since. His consultant is concerned about
infection in the replaced joint and has referred him to a tertiary referral centre
for advice on whether a further hip revision would be possible. He manages
to walk minimal distances due to the pain in his left hip. (Manages only in the
house or out to the car). His physiotherapist has tried various aids and he
uses an adapted walking stick in the house. He requires splints for his wrists
and with these he manages basic things in the house. He tried to use a self
propelled wheelchair but the pain in his wrists was too severe. If he needs to
get further distances e.g. in the hospital, his son takes him and propels him
in the wheelchair. He meets criteria for LCWRA - mobilising
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Case Scenario 4
Key Case details
The GP changed the diagnosis to depression while she was in the YOI
and commenced her on citalopram. This did not help and following her
release she had several more sentences served in the YOI.
Following further release, she again had problems with authorities and
after several assault convictions, she received an adult custodial
sentence age 22. After some time in prison, she was assessed by the
psychiatric team and a diagnosis of Antisocial Personality Disorder was
made. She was taken off medication and she engaged in some CBT and
anger management therapies which helped her gain control of her
behaviour to some degree.
She was released on parole 3 weeks ago and awaits referral to the
community psychiatric services. (Appointment next week). Her physical
violence to others has decreased, but she still has extreme verbal
episodes of aggression and harms herself through hitting her head off
walls or cutting her wrists when it all gets too bad. This occurs on a daily
basis. (LCWRA for unacceptable behaviour applies).
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Although there have been various proposed diagnoses for this person,
there is no doubt that she has a significant mental health disorder that
would be recognised by the medical community.
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3. The approved HCP should provide this advice based upon their assessment of
the claimant, their knowledge of the natural progression of the identified medical
conditions, and the time they feel a claimant may need to adapt to their condition.
4. HCPs currently are able to provide reassessment advice for 3, 6, 12, 18, 24
months or in the longer term. In practice DWP policy meant that where a re-
referral period of in the longer term had been agreed by a DWP Decision Maker,
the claimant be re-referred for a further WCA in 3 years if in the Support Group, or
2 years in the Work-Related Activity Group, and the equivalent Universal Credit
(UC) groups.
5. However, there is an acceptance that this approach does not work for all
claimants. There will be a small number of those for whom their health condition
or disability is such that there can be no realistic expectation that they would
move towards work or take part in work-related activity at any point in the future.
To that end, in October 2016, the Secretary of State announced that the
Department would stop reassessments for claimants in the ESA Support
Group/UC LCWRA Group (those with Limited Capability for Work-Related Activity)
with the most severe and lifelong health conditions or disabilities for whom
reassessments are likely to provide no further new information.
6. The new re-referral period will apply to those with LCWRA ONLY. If a claimant
has LCW but not LCWRA, the process remains as now.
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8. The Department has set out the criteria for when to apply the new severe conditions
re-referral period. This can be applied at filework and following a face-to-face
assessment.
CRITERIA
9. ONE of the following Functional Support Group (LCWRA) criteria must be met:
Mobilising 50m
Transfer independently
Reaching
Picking up and/or moving
Manual dexterity
Making yourself understood
Understanding communication
Weekly incontinence
Learning tasks
Awareness of hazards
Personal actions
Coping with change
Engaging socially
Appropriateness of behaviour
Unable to eat / drink / chew / swallow / convey food or drink
10. If ONE of the above criteria is met, ALL FOUR of the following criteria must also
be met:
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11. If all of the above and any of the LCWRA criteria are met, advise the decision
maker that the claimant has a Severe Condition and has LCWRA.
12. As per filework guidelines request further evidence if it is possible that one or
more of the LCWRA criteria might be met but the information has not been
provided.
13. Any request for further evidence should be based on indicators in the clinical
information available to you.
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15. Filework HCPs should not default to calling a claimant to an assessment if the
evidence required to meet the criteria is not available. If at filework a HCP feels
that enough evidence is available on which a LCWRA in the longer term
recommendation can be made, but is unable to make a recommendation based
on the Severe Conditions criteria, the advice is that they do not seek to call for
exam but instead make a paper-based recommendation that change is not
expected in the longer-term. The reason being that DWP believes that to
increase the burden on this group of claimants would be unnecessary and go
against the spirit of the policy announcement.
16. If none of the criteria are met, continue with normal case action.
17. An HCPs default position should be that a future review is required. If you are
certain that the evidence indicates that a claimant meets the Severe Conditions
criteria, and a future review is therefore not required, this should be fully justified.
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Question 1 - True
Question 2 - True
Question 3 - True
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Yes
Severe conditions
Would their level of advice does not apply
function always meet
LCWRA criteria? No
Yes
Yes
Yes
Yes
SEVERE
CONDITIONS
ADVICE APPLIES
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Observation form
Please photocopy this page and use it for any comments and observations
on this document, its contents, or layout, or your experience of using it. If you
are aware of other standards to which this document should refer, or a better
standard, you are requested to indicate this on the form. Your comments will
be taken into account at the next scheduled review.
Please return this form to : Centre for Health and Disability Assessments
Learning & Development
Room 236 2nd Floor
Five Ways House
Islington Row Middleway
Birmingham
B15 1SL
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