What do I do next?

Kamilaboffiek867

Hi after work capability assessment for esa I was found fit for work I challenged the decision and won an appeal on 11th of December 2019 I've been claiming universal credit since esa stopped I received mandatory reconsideration yesterday saying I'm put into work preparation group for UC I'm pretty sure my decision notice says limited capability of work for esa not work related activities what do I do next with the UC decision as its not what judge has said. Thanks

poppy123456

HI and welcome,

I'm one of the community champions here on scope and i help and advise others.

I think you maybe confused between both the groups for ESA and UC. Let me explain the difference between the 2. For ESA there's 2 groups, WRAG and Support Group. WRAG is Limited capability for work (LCW) and Support Group is limited capability for work related activities (LCWRA)

Before i can help you further i will need to know exactly what the decision was from the Tribunal and exactly what the decision of the MR was for the UC decision. I'd advise you to check the decision letter that you received from the Tribunal and check your UC journal to see exactly what it says.

Once you know then post back here and i'll advise you further. Without knowing this information it's impossible to advise you further.

Kamilaboffiek867

Hi its been said appeal was allowed the decision from 25th April 2019 is set aside it's saying I'm significantly limited, nevertheless I scored zero points I got limited capability of work finding me capable of work put a risk to determination to my mental health. UC mandatory reconsideration saying I've been put in work preparation group so I'm very confused. Thank you 

poppy123456

Im still confused by what you're trying to say and it's not clear, sorry.

I realise the appeal was allowed but can you please tell me exactly what it said. Was the decision limited capability for work related activity OR limited capability for work?

If the decision of the Tribunal was limited capability for work related activity then the new decision of limited capability for work overrules the Tribunal decision, i'm afraid. This is because the Tribunal decision was for your previous work capability assessment and the new decision replaces that. If that's the case then you'll have 1 month from the date of the recent MR decision to request another Tribunal and the whole process starts again.

Kamilaboffiek867

It's saying I got limited capability of work that's what it's saying. 

poppy123456

Is that the Tribunal decision? If it is then it's the same decision that was made for the MR because the work preparation group is exactly the same as limited capability for work.

Kamilaboffiek867

I just don't understand the whole thing I thought limited capability of work is supported group so I didn't know what I was put into then. Thanks 

poppy123456

Limited capability for work ( not of work) is not support group, it's work related activity group (WRAG)  limited capability for work related activity (LCWRA) is Support Group.

In your decision letter from the Tribunal it will tell you exactly which one of those groups they placed you into, if you can please take a look and come back to tell me exactly what it says, i'll be able to help you.

Kamilaboffiek867

It doesn't say what group I'm in only that I got limited capability of work nothing about the group I'm in. 

poppy123456

The wording was changed quite sometime ago and they no longer use WRAG or Support Group. They now use the words limited capability for work or limited capability for work related activity.

If the Tribunal letter says limited capability for work then that's WRAG equivalent and the MR decision is exactly the same as the Tribunal decision.

Chloe_Scope

Hi @Kamilaboffiek867 and a very warm welcome to the community! How are things doing?