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Assessment

faydharfaydhar Posts: 43Member Connected
edited November 2019 in Universal Credit
Hi ..
My step father has kidney failure so is currently  claiming universal credit  around  7 weeks ago he  had the assesment to see  if  hes fit  for work .im just wondering  if anyone had any experiences  with time scales  to get a decision  . When we rang a few weeks ago  we were told they cannot make a decision  untill the information  is sent in  but  today we found out  that  the information was sent  in straight  away after  the assesment. Please can anyone  help he is very  ill and this is extremely  stressful  for  him

Replies

  • Joanne_ScopeJoanne_Scope Posts: 172Helpline, Scope advisor Pioneering
    Hi @faydhar,

    There is no set timescale for this but the average time seems to be 6-8 weeks so hopefully your dad will hear soon.

    It is a stressful process. I hope everything goes well for him. If not, please let us know and will do what we can to help.
    Joanne 
    Scope
  • faydharfaydhar Posts: 43Member Connected
    Thank you for your  reply  hopefully it's  sorted  soon he needs  that  extra  money  so he  can afford  to eat properly  he has dialysis  every  day  and at the moment  he does  not get enough money  to live on its awful
  • poppy123456poppy123456 Posts: 17,701Community champion Disability Gamechanger
    Hi,

    He can ring DWP to request a copy of the assessment report to be sent to him, this will give him some idea what the decision is likely to be because they mostly go with the report.

    If he's awarded LCWRA then he'll receive an extra £336 per month from the 4th full assessment period from when he sent in his first fit note.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • faydharfaydhar Posts: 43Member Connected
    Hi here's  an update  .. he got his decision  and has  been found fit  for  work this  is absolutely  disgusting  . He has dyalis through  the night every  night which  keeps him awake he also  has  it in thw afternoon  .every  morning  hes more  or less  on tjw toilet  all morning  hes weak   can hardly   also has a heart problem  . How can hw wpek when has to ve home for dyalis 
  • poppy123456poppy123456 Posts: 17,701Community champion Disability Gamechanger
    I'm so sorry to hear this! May i ask if he sent evidence to support his claim? They very rarely contact anyone for any evidence. The onus is always on the claimant to make sure it's sent. If he didn't send this does he have proof that he dialysis every night?

    His next step is to request the Mandatory reconsideration (MR) and he has 1 month from the date of the decision to do this. He should put his request in writing stating which group he thinks he should be in and his reasons why.

    I'll put a link to the descriptors for both groups so he can have a look to see which one he thinks may apply to him.

    There's also substantial risk, which is explained here. https://wcainfo.net/issues/substantial-risk-lcwra

    If he's able to go out then i'd advise speaking to an advice agency near him for face to face advice, help and support.
    This link will tell you what's local to him https://advicelocal.uk/



    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • faydharfaydhar Posts: 43Member Connected
    He sent in his medication  list   and doctors  letters   the assessor  was not very  nice just told him to see a chiropractor and go for njce walks to  make him feel better  . I dont a nice  walk will cure  his kidney  failure 
  • Joanne_ScopeJoanne_Scope Posts: 172Helpline, Scope advisor Pioneering
    Hi @faydhar,

    I am so sorry to hear that your dad had such an awful experience!

    Hopefully his Mandatory Reconsideration will be successful. If not, you can take the decision to appeal.

    Kidney Care UK have an advice and support helpline and they also have an advocacy service. It may be worth contacting them to see if they can help your dad with his claim.
    Joanne 
    Scope
  • poppy123456poppy123456 Posts: 17,701Community champion Disability Gamechanger
    When you say doctors letters do you mean letters from his GP? if so, these aren't the best evidence to send because they very rarely state how your conditions affect you.

    Does he have proof that has has dialysis every night? Such as a letter from his Consultant?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • faydharfaydhar Posts: 43Member Connected
    He has contacted  the  dyalisis  team  and they  are doing a letter  as i write this so hopefully that  helps him win the reconsideration.  Hes worked  since he was 16 and now is  63  with kidney  failure  heart problem  diabetes  .he was a lorry  driver but had his licence  taken  off  him because  hes too ill to drive  also has been taken  off the transplant  list as hes too ill for  that  .i would  say how hes been treated  is  shocking  but tbh  the  current  situation of  dwp im not that  supprised  seems if your  not dead you  can  work  . Thank you for the  advice and for  listening 
  • poppy123456poppy123456 Posts: 17,701Community champion Disability Gamechanger
    Lots of people are successfully placed into one of the groups, we just don't often hear of the good stories on any forum.

    There's only an 18% chance of the MR decision changing but i hope he's one of those successfully changed at this stage. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • faydharfaydhar Posts: 43Member Connected
    Hi all here is an update  of my father  in alls case  
    . He has put  in a mandatory  reconsideration  with a letter  from  the  dyalisis  team  explaining  he has dyalisis  5 times a week for  4 hours  to 6 hours and also he is off  the transplant list  as he has a heart condition so is unable to have  a transplant  meaning he will never get better . Today on my advice  he rang up and asked  for the assessment  report univeral credit told him they do not send them  and he needs to call tne assesment office  which he did and was told its universal  credit who sends them . So ringing back universal credit  they  finally agree to  send thw report. A hour  after the conversation  a message pops up on his universal  credit telling him he has to go to a work  commitment  interview  next week  even tho he was told he would have no interviews until after new year . So now he he so stressed as hes so ill hes unable to look for work let alonr e actually work i just dont understand how they can expect someone who is on dyalisis  who will never  get better  to work 
  • poppy123456poppy123456 Posts: 17,701Community champion Disability Gamechanger
    Has he requested the mandatory reconsideration yet? He only has 1 month from the date of the decision to request this.

    If he has then it maybe possible to request a telephone interview, if he's unable to attend his local job centre. I'd advise him to ring to speak to his work coach or case manager to ask if this can be arranged. He need to tell them about his health conditions and why attending the appointment would be very difficult for him.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • faydharfaydhar Posts: 43Member Connected
    Yes he has done the mandatory  reconsideration  they have been told he has dyalisis  most days also have been told  that the medication he takes  gives  extremely  bad  stomach  leaving on the toilet  for long  periods  of time  every day alos debilitating  back pain from his kidneys  which  he wad told to go for nice walks to help with the pain  and see a chiropractors  by the assessor  which is completely  ridiculous   no matter what he tells them even after sending a letter  in from the renal team they just expect  him to come in to start looking  for a job   its so hard  for me seeing him being treated this way he worked  from the age  of  16  and even  still worked  whem be was first  diagnosed  with kidney  failure  talking  his dyalisis  bags in the lorry  with him but  11 months ago he become  to ill to work having  his licence  taken off him due to medical  grounds  .Sorry  i am waffling  a bit  im just so disgusted  to how he is being  treated 
  • poppy123456poppy123456 Posts: 17,701Community champion Disability Gamechanger
    You said in an earlier comment that he has dialysis every night and then say he has dialysis most days. May i ask how often he told them he has dialysis? You do need to be careful with contradictions.

    Does he have medical evidence for proof of the dialysis he has? If he does has this been sent to DWP? If it hasn't been sent then i'd advise sending this to support his claim.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • faydharfaydhar Posts: 43Member Connected
    Sorry he had dyalisis  through  the night then an hour  of dyalisis  every  day that was  when he first  claimed  for universal credit  .now his dyalisis  has changed to day time  because  they  have  changed the  type he needs  also because  having  it through  the  night kept him awake sorry  i was not more clear  .he has sent a letter in from his dyalisis  team  who have explained  how his dyalisis  works and how he has  changed  from night to day dyalisis 
  • poppy123456poppy123456 Posts: 17,701Community champion Disability Gamechanger
    Thanks for explaining that, it makes more sense now. I really hope that DWP change the decision at MR stage and give him LCWRA which should have happened in the first place.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • faydharfaydhar Posts: 43Member Connected
    Hi all another update we recived  the assesment  report and i am utterly  disgusted  to the lies and misinformation  on the report .the assessor completely ignored more  or less every thing  he said about his condition  and even twisting  some things  the whole  report os more  or less based  on my father  having  a bad back  and how he is lieing about  that the  assessor has put  he  quit his job due to a bad back which  is completely  incorrect   he is unable  to work  due to  kidney  faliure and having  to have ongoing dyalisis  . The report makes out  he is lazy  and makes my mother run around  after him while  he just sits and watches  tv  also that  he refuses  to go and see chiropractor to help  his bad back even tho that  would  be pointless as the  bad back  is just one of many symptoms from hia kidney failure  and dialysis. This asssesor obviously  has no idea about renal failure  and its effects  this  past week the renal team have brought forward thw change in my father's  treatment as his current  one is not working 
  • Joanne_ScopeJoanne_Scope Posts: 172Helpline, Scope advisor Pioneering
    Hi @faydhar 

    I am so sorry to hear that. I really hope that the MR is successful but if not, you should stand a good chance at appeal.
    Let us know how you get on.
    Joanne 
    Scope
  • faydharfaydhar Posts: 43Member Connected
    The mandatory  reconsideration  decision  was recived  today .universal credit have changed  some of the decision   he now does not have  to send any fit notes  in but still has to do some work related  activities which is impossible  for him meaning no extra money   he is hemodyalisis .i just dont  understand  why he is not  in thw support   but  in the   work preparation  group   fpr when he gets better . Thing  is hes not going to get better 
  • faydharfaydhar Posts: 43Member Connected
    Also on the mandatory  reconsideration  at the top of thw letter  it says  in bold  we have changed  our  decision   but the only  thing  they have changed  is not having  to send fit notes  in 
  • poppy123456poppy123456 Posts: 17,701Community champion Disability Gamechanger
    The change was that he's been given limited capability for work, which means they acknowledge he has a disability that affects his ability to work but he will need to attend work focus interviews and prepare for work sometime in the future. This means the decision has changed because now he won't be forced to look for work like he would have been when he was found fit for work. Although there's no extra money in this group, as you said.

    If he's unable to attend the work focused interviews then he needs to speak to his work coach because some are very flexible and will arrange telephone interviews, rather than attending local job centres.

    If he still disagrees with the decision then he has 1 month to request the Tribunal and for this he needs to fill out the SSCS1 form.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • faydharfaydhar Posts: 43Member Connected
    He is going to take  it to tribunal  as he is not  going to get any better   he   not  on the transplant list as other  conditions  stop him  from  having one  he cannot work now nor he will be able to work  months  or years  which his renal  specialist  agrees with down the line so having to prepare for  work  is  pointless .. wish us luck for  the tribunal  :/
  • Adrian_ScopeAdrian_Scope Posts: 5,363Administrator Scope community team
    Hi @faydhar. I'm sorry that although the MR changed the original decision, it still didn't result in them finding him to have LCWRA. Best of luck with the appeal and tribunal and please let us know if we can help you at all. 
    Senior Community Partner
    Scope
  • faydharfaydhar Posts: 43Member Connected
    Thank you @Adrian_Scope we are just trying  to work out  what we need for the tribunal  it's  not so easy to   see his specialst  as he  mainly  sees the renal team  we are just worried  we wont get all the information we need . I really dont understand  the middle  group  it  should  be eaither  you can work  sp they will help you  get  back to work  or you  cannot work  so you get a little  bit  extra  to help  you  cope  .my step father   has been told by the doctor  he needs to eat fresh healthy  food but  atm he cannot afford  to do so 
  • faydharfaydhar Posts: 43Member Connected
    Eveing all just another update  on my father's case .he is still waiting for his tribunal  date .yesterday he recived  a letter from dwp with them explaining why he is not entitled to the extra disability payment  in the limited capability work and activities. Even tho he has to go to hospital  5 days a week for his dyalisis  they are saying they do not class him as being disabled  because  he can get a work placement that can apapt  for his condition  which is completely  not possible.  Also he has a work focus group  appointment in March at the same time he has dyalisis he has contacted universal credit to.tell them and he has been told that they cannot stop him from going  to his dyalisis  appointment but if he does not turn up to his interview they can sanction him which is completely  disgusting .of he does not go to dyaliisis  he will die if he goes and misses  his appointment he will be sanctioned  .I'm now at a loss of what i can do to help him  being in limbo waiting for the tribunal  universal credit seem to think they can be completely  unreasonable  
  • poppy123456poppy123456 Posts: 17,701Community champion Disability Gamechanger
    I'd suggest your dad requests a different work coach because being sanction for having to attend an appointment like that is disgusting. He's well within his rights to request this and hopefully the next one will be more understanding.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • faydharfaydhar Posts: 43Member Connected
    Yes i have told him to do this .also it doesn't matter  what day mon to Friday  they change the appointment as be is at dyalisis  from 7am till 3pm then by the time he's is home  it's around 4 /5 depending  in transport  and once he is home he just sleeps as the dyalisis  takes it's toll so no idea how they expect him to go to work focus  appointments  .all these problems are down to the acceseor  who came out to do the fit for work and completely  disregarded  the fact he has kidney failure. Just hope the tribunal  has a positive  outcome  even after the 40 page  booklet he recived  from dwp stating thier  argument why they do not class his as being disabled  .one part stating as he  does not have a condition where he has been given 6 months  to live they do not see him as havjng a disability  .he's going to citizens  advice3 thus week to try and get some help for his tribunal 
  • poppy123456poppy123456 Posts: 17,701Community champion Disability Gamechanger
    Telephone appointments for the work focused interviews can also be arranged and i'd advise him to ask his work coach about this.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Posts: 5,363Administrator Scope community team
    Hi @faydhar. I'm sorry to read this is still an ongoing battle with UC. I'd advise you and your father to request an appointment with the disability and equality adviser at his jobcentre. They are usually very good at getting work coaches to back off a little and ensuring reasonable adjustments are made. Best of luck. 
    Senior Community Partner
    Scope
  • Joanne_ScopeJoanne_Scope Posts: 172Helpline, Scope advisor Pioneering
    Hi @faydhar 

    I have found this I the guidance for Health Care professionals who carry out the Work Capability Assessments:

    2.4.2 Treat as LCW criteria in Universal Credit – UC Regs 2013, Schedule 8
    “Circumstances in which a claimant is to be treated as having limited capability for work”
    Note- these regulations are included for completeness. The guidance detailed above for ESA should be followed.  
    Receiving certain treatments 
    1. The claimant is receiving– (a) regular weekly treatment by way of haemodialysis for chronic renal failure; (b) treatment by way of plasmapheresis; or (c) regular weekly treatment by way of total parenteral nutrition for gross impairment of enteric function, or is recovering from any of those forms of treatment in circumstances in which the Secretary of State is satisfied that the claimant should be treated as having limited capability for work. 
    In hospital 

    This is the link to the whole document-Work Capability Assessment Handbook 

    I hope this helps.
    Joanne 
    Scope
  • faydharfaydhar Posts: 43Member Connected
    Hi @Joanne_Scope yes I have come across that information too and we have advised universal credit of this  but they still have not taken this  in to account  they has said just because he has dyalisis   now does not  mean he cannot work in the future  that is why he is not classed as being disabled therefore  does not qualify  for the disability premium on uc  .which makes  no sense. He is never going to be able to go back to.work  he is 60 is not on the transplant  list due to being too poorly specialist have advised it  is very  unlikely  he will be put  bavk on meaning he will be on dyalisis  for the rest of his life. All of his specialists  nurses doctors are disgusted  with how  Uc have been treating him .I mean it seems they wont class him as being  ill  enough untill he's actually on his death bed .utterly  disgraceful 
  • Leigh14Leigh14 Posts: 6Member Listener
    Hi faydhar. I’m sorry to hear that your Dad is having such a difficult time with UC. I hope he gets the correct decision very soon
  • Chloe_ScopeChloe_Scope Posts: 7,268Administrator Scope community team
    Hi @faydhar, so sorry to hear this. How are things at the moment?
    Community Partner

    Scope
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