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I have rumitoid arithitus and osteo and need hip replacement
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Hello @kell and welcome to the community. I am very glad you've found us, and very sorry to hear about your difficulties. Hopefully we will be able to make things easier.
We have a lot of resources here related to disabilities and benefits, and a number of specialists too. Unfortunately I am not one of those specialists and don't have a specific answer to your questions, but I can still help point you in the right direction.
The admin people here will probably move your 'welcome' post into a forum that is more appropriate for the help you need.
In the meantime - so that I can try to help you better - could you tell me which decision it was that you didn't challenge? I'm guessing it would be a PIP/DLA or an ESA assessment.
Warmest best wishes to you,
Richard
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Hi Richard I got turnt down for esa which I had been on for 4 years with things getting worse and not improving much and when I spoke to them because I have problem with concertration and struggle with forms they basically told me tuff the desion in finally
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Hi @kell and thank you for replying. It is good to hear from you.
I somehow doubt that their 'kind' decision will prove final We need to get you some good advice.
As I said, benefits are not really my field, but there are others here who know a great deal and some of them will be in touch with you soon. For now, there are four links in the purple band lower down your screen and they are headed 'Employment, finances and disability benefits'. I will post the first link in here to get you started https://community.scope.org.uk/categories/benefits-and-finances. Try the other links as well. I'm not going to put more in for fear of sending you to the wrong place
Let me know if any of this helps (or doesn't) and keep in touch,
Warmest best wishes,
Richard
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Hi @kell, so sorry to hear about your benefits situation. I've moved this post into our ask a benefits advisor category where hopefully somebody will be able to advise further.
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Hi @kell
Unfortunately the UC regs do not require the jobcentre to excuse you from work-related activity for anything more than a temporary period with a sick note (unlike ESA, where the sick note excused you until you were assessed by the benefit agency).
You need to consider two things here (1) whether you should go back and challenge the ESA refusal; and (2) how you can get UC to play ball.
Firstly the ESA then - the initial stage of challenging the decision is by Mandatory Reconsideration (i.e. you ask the DWP to look at their own decision again). The normal deadline for this is one month, but you have up to 13 months to request this if you have a good explanation why (e.g. physical/mental health problems mean that you find it difficult to act promptly on such things than others would). Once you have the Mandatory Reconsideration you can appeal to a Tribunal on form SSCS1 (google it).
Three instances this may not work for you (1) if you're in a 'full service' area i.e. your UC claim is online, then there's no going back I'm afraid; (2) if you're outside the 13 month absolute deadline; or (3) you want to stick with UC now you're on it. If any of these apply then you need to consider what measures you can take to make UC work better for you. If you feel you are not fit to look for work, then you need to make sure you are in the process of being assessed for Limited Capability for Work - this works in the same way as ESA i.e. you need to complete a UC50 and then go for a medical - however until you have been to that medical and been deemed unfit for work, then you will not be excused from jobsearch etc except at the discretion of your Work Coach - so try to get them on side if you can.
If you feel you can look for work, or while you are in the process of being assessed, do not forget that as a public body, the jobcentre have an obligation to make reasonable adjustments in order to facilitate your disabilities in accordance with the Equalities Act 2010 - this may mean dealing with you over the phone, or restricting the type of work which would be suitable for you etc.
Hope this helps, but do let us know if you need anything further.
Kind regards,
Mary
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