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Fit for some sort of work?????

fatherinpainfatherinpain Posts: 85Member Connected
hi all I’m new and after some advice. What does fit for some sort of work mean on work capability? I’m obviously appealing this and am outraged. Here’s why, I have daily chronic headaches, rheumatoid arthritis with joints flaring daily often multiple joints, also been signed of work for the last 12months after jolting my back and discovering I have dddwith hardly any fluid in 2 of my discs. I’m in constant pain and the only med for pain Is 90mg exotorib. Also whilst waiting for appeal do I still need to sent ffw notes to universal credit

Replies

  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    HI,

    I'm assuming the decision you had was limited capability for work (LCW) is this correct?
  • fatherinpainfatherinpain Posts: 85Member Connected
    Yes you are correct 
  • fatherinpainfatherinpain Posts: 85Member Connected
    No sorry I misread your post letter says I didn’t score 15points so I’m therefore fit to do some sort of work I called up as soon as I got letter to ask what sort of work I’m meant to do to be told I have to figure that out and if I don’t try to I’ll be sanctioned 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    This means that you won't have to look for work but you will be expected to take reasonable steps to prepare for work, such as attending a skills assessment, preparing a CV, participating in training or an employment programme, and undertaking work experience or a work placement.

    A sanction may be applied to your Universal Credit award if you fail to undertake work-related activity. This sanction may be imposed for a period until you meet the compliance condition that you failed, or for up to 26 weeks.

    You will not need to send in any more fit notes if you decide to appeal. The first step to appeal is to request the Mandatory Reconsideration (MR) and you have 1 month from the date of the decision to request this.

    You should put in writing what you disagree with and why you think you should have been given LCWRA. Have you taken a look at the descriptors for LCWRA? See link and scroll down the page to find them.
    • at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
    • your capability for work and work-related activity is limited; and
    • it is not reasonable for you to carry out the activity.

    https://www.turn2us.org.uk/Your-Situation/Ill-Injured-or-Disabled/Universal-Credit-Capability-for-work-assessment

    For mobilising then they will look at your ability to use a self propel wheelchair too.

    Only 19% of MR decisions change so you'll most likely have to take it to Tribunal. 71% of those who appear in person have a decision in their favour. Waiting times for Tribunals are huge across most of the country and it could take in excess of 1 year from when HMCTS accept the appeal.
  • fatherinpainfatherinpain Posts: 85Member Connected
    I’m already at appeal stage and am technically still employed but working zero hours, as without being bigheaded the boss thinks I’m good at what I do and has kept job open until fit enough to return
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    It's still worth looking at the descriptors if you haven't already done that. Good luck with the Tribunal.
  • fatherinpainfatherinpain Posts: 85Member Connected
    I can hardly walk at all without being in pain I can’t sit down or stand up for long periods without my back locking up I cannot lift anything as heavy as a bag of sugar without discomfort. And as for the headaches often so intense they make my eye leak like the feeling when you get pounced on the end of the nose. I should at the very least be on 27 points if I’m looking at the right scoring system 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    You're looking at the wrong descriptors. LCWRA isn't about scoring points. It's about satisfy at least one of the descriptors the majority of the time that you carry out the activity. For mobilising then they will look at your ability to use a self propel wheelchair as well.
  • fatherinpainfatherinpain Posts: 85Member Connected
    Clearly is as letter states I didn’t score 15points how silly of me not to pick that up!! I think you should maybe read what I’ve written about what is actually wrong with me before typing in generic responses 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    edited May 3
    Pardon? As a community champion here on scope i'm trying to help you here, just like i give a lot of other people advice too.

    LCWRA is not about scoring points, it's about satisfying at least one of the descriptors the majority of the time, which it does state that in the link i provided in a comment above.
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    As you didn't score 15 points needed for LCW then you could have been given this through substantial risk.

    Substantial risk reg 31 for LCWRA is explained here. This may or may not apply to you. As i have no idea exactly how your conditions affect you then it's impossible to give advice which one may apply. For this then you would need to get face to face advice from an advice centre near you.


  • fatherinpainfatherinpain Posts: 85Member Connected
    Up until the back injury I suffered in silence and knew nothing about benefits, now I have the domino effect from compensating for the back it has irritated the ra so much so that am now awaiting biologics
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    Thanks but i don't need a guide for work capability assessments. My advice about no points being needed for LCWRA still stands. I will leave you thread now because it seems like you don't need my advice. Good luck for your Tribunal.
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
  • fatherinpainfatherinpain Posts: 85Member Connected
    So how comes letter clearly states I didn’t score 15 points? I can find numerous info with the point scoring yet you seem to be finding bits without 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    It's because you most likely were given LCW because of a substantial risk which isn't scoring points. For ESA it's regulation 29 for WRAG. i'm not sure what the regulation is called for UC LCW, it's the same thing though just a different number.

    Substantial risk is explained here in this link. http://www.cpag.org.uk/content/making-exception. It's reg35 for Support Group reg 31 for LCWRA, both exactly the same thing.

    The point scoring is for LCW/WRAG not for LCWRA/Support Group. Not everyone gains entry into the groups through the descriptors, lots of people gain entry through substantial risk reg 29/35.




  • fatherinpainfatherinpain Posts: 85Member Connected
    You’re link does not work 
  • fatherinpainfatherinpain Posts: 85Member Connected
    Also let’s give you today’s troubles left shoulder swollen painful can’t lift my arm past bottom rib, left knee swollen painful can bend it but makes pain more intense, slight niggle in left foot just behind toes so later on that will be bad as well right foot swollen. Then on top of that I have the back pain but hey I’m capable of some sort of work 👌
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    I'm not sure why the link doesn't work for you, i clicked the link and it works fine for me. Here it is again. http://www.cpag.org.uk/content/making-exception

    If it was limited capability work (LCW) you were given it doesn't mean you have to look for work and they don't expect you do that. They may ask you to attend appointments to prepare for work sometime in the future.

    If you can't attend the appointments then i'd advise you to speak to your work coach and explain your conditions to him/her.  You do sometimes get some very understanding work coaches. If you don't like the one you have or they are not understanding and still expect you to attend appointments then you can request another work coach.

    I can't advise you which descriptor may apply because i don't know exactly how your conditions affect you and it's impossible to give that advice on an internet forum. For this then you'll need face to face advice from an advice agency near you. This link will help you find what's in your area for help and advice for your Tribunal. https://advicelocal.uk/


  • fatherinpainfatherinpain Posts: 85Member Connected
    No I have been told I have to go back to work 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    You were found fit for work? I asked if you had been given Limited capability for work and you said yes.

    If you've been found fit for work then yes, you'll need to continue to send in the fit/sick notes while you wait for the Tribunal and you should have continued to send them even though you were found fit for work.

    You also mention not being able to walk because of your conditions so i would look at the mobilising descriptor but for this they will look at your ability to use a self propel wheelchair.

    I would definitely get some face to face advice from either welfare rights or a law centre if you have either of those near you. The link i posted above will tell you if there's any of those near you. I don't know how long you've been waiting for the Tribunal but just so you know, waiting times and backlogs are huge right across the country and some are waiting in excess of 1 year for a hearing date.

    In the meantime definitely speak to your work coach and explain your health conditions to them and if you're still not happy then ask for a different work coach.

    Good luck.
  • fatherinpainfatherinpain Posts: 85Member Connected
    I said yes but then also said I misread what you wrote. Then you seemed to get the **** with me but obviously you didn’t read that. So back to original question fit for some sort of work? 
  • fatherinpainfatherinpain Posts: 85Member Connected
    At last a bit of sensible advice. Sound in a similar boat, I’m awaiting spinal injections to try and help my mobility n then hopefully I can return to work. Like you say more you do worse it is especially with this RA I have multiple flares a day atm so will hopefully have the under control once on these biologics 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    edited May 4
    At last a bit of sensible advice.
    I have tried to help you and given you multiple links to read. The confusion has come from you saying "fit for some work" which is why i asked if you had been given limited capability for work (which you haven't) because you've been found fit for work. Fit for work means all work not just some work.

    Your condition maybe totally different to @DanOApan and face to face advice is definitely needed here. I will leave it at that now because i've given you all the advice i can. There's only so much help you can on an internet forum.

    Good luck.
  • fatherinpainfatherinpain Posts: 85Member Connected
    That’s not me saying fit for some that is what letter says
  • fatherinpainfatherinpain Posts: 85Member Connected
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    edited May 4
    @DanOApan please edit or remove the post with Mandatory Reconsideration link on it. This link contains personal information regarding yourself... Names and NI number. As a community champion here on scope we value our members safety and scope do not allow the use of personal information.
  • fatherinpainfatherinpain Posts: 85Member Connected
    I can barely walk say 20metrrs most of the time without my walking stick which occupational therapist gave me even with the stick it’s a struggle and I do rest. I’m not so much worried about the Money simply because everything is covered by u/c payments  and pip I don’t get out so don’t really need the money it’s the principle of knowing I’m not fit to work, my dr agrees my rheumatologist agrees but I’m judged to be fit for some type( sorry not sort) of work 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    edited May 4
    @fatherinpain my advice, use your PIP award and PIP assessment report as evidence and send both of those to HMCTS.
  • fatherinpainfatherinpain Posts: 85Member Connected
    I’ve r requested both be linked and was told both lots of evidence will be shared between files using my ni number and there’s a possibility depending on who is doing hearings they maybe sat at same time. 
  • fatherinpainfatherinpain Posts: 85Member Connected
    Poppy123456 I have been on phone with u/c they have told me not to keep sending fit notes unless I wanna start the whole process again/new claim will be started if I post fit note
  • fatherinpainfatherinpain Posts: 85Member Connected
    @poppy123456. I have received medical report from solicitor stating this injury would normally heal in 18months but because of ra and other issues he has recommended a minimum 3years healing time. This assessment was done by orthopaedic surgeon so a specialist. What’s your advice now seeing as uc are trying to force me back into work when I’m clearly not capable 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    Any extra evidence you have needs to be sent to the Tribunal. There's really nothing more you can do until you have a hearing date and the Tribunal make a decision as to whether or not you have limited capability for work. I've never heard of a medical report from a solicitor before.
  • fatherinpainfatherinpain Posts: 85Member Connected
    Medical was for personal injury at work ie how I injured my spine so this was arranged by solicitor to form part of the case against my employer 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    It may or may not help, i have no idea. For the work capability assessment they assess your ability to do any type of work but there's no harm in sending it to HMCTS.
  • fatherinpainfatherinpain Posts: 85Member Connected
    @poppy123456 I’ve received a letter from tribunal service to forward all relevant info as dwp have not responded to repeated requests. It does say in letter they have 7 days from date on letter which is 28/8 to do so. I called them as I didn’t fully understand the letter, guy I spoke to said that it’s getting more common for this to happen and doesn’t expect them to respond within the deadline, but wasn’t sure what happens after, so any advice welcome 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    This happens a lot and DWP will most likely be given extra time. Even if they don't respond the hearing will still go ahead and you'll still need to prove you qualify.
  • fatherinpainfatherinpain Posts: 85Member Connected
    @poppy123456 who deals with this because u/c say it’s not part of their department and won’t tell who does, 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    DWP respond but it makes no difference if they don't. Your hearing will still go ahead and you still need to prove the reasons why you think you should be placed into which group you think you should be in. It could possibly delay the hearing date but backlogs are already huge anyway.
  • fatherinpainfatherinpain Posts: 85Member Connected
    Who can I contact as u/c say it’s not part of their department 
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    UC is DWP. You should be contacting HMCTS to chase the DWP to respond. You shouldn't be dealing with DWP at this point.
  • fatherinpainfatherinpain Posts: 85Member Connected
    They have tried that’s y they had 7 days from 28/8 to respond. But turns out it isn’t just work capability they haven’t responded to pip which appeal was sent in January. How can they get away with this? If it was other way round, it would be case closed
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    It often happens as i advised but it doesn't stop the hearing from proceeding.
  • fatherinpainfatherinpain Posts: 85Member Connected
    So how can they be allowed to do this? 
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