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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.I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help.
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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
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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.Community Manager
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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
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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
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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.
I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help. -
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
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Telephone appointments for the work focused interviews can also be arranged and i'd advise him to ask his work coach about this.
I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help. -
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.Community Manager
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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
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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
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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
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Hi @faydhar, so sorry to hear this. How are things at the moment?
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Hi @Chloe_Scope tbh not great he had a citizens advice case worker helping him with his tribunal but he's just found out she is leaving and there is no one to pass the case on to so therefore no help through citizens advice. He's unsure how to present his case to the tribunal is there any other help out there ? He has a 67 page report from the dwp explaining there is nothing wrong with him in their eyes but his work coach agrees he is too ill to go to work focus meetings and has been postponing his appointments but it's getting to the point now he is unable to keep doing so . So in all they are saying he is well enough to be in the work focus group then on the same hand saying he's not well enough so are postponing .as I see it he's eaither well.enough to be in the work focus group or he is not. He's not suddenly going to have full working kidneys out of no where
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I'm sorry to hear that. Put your Dad's postcode into this link to see if there's another advice agency local to him for help and support. https://advicelocal.uk/
I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help. -
Hi @poppy123456 I checked the link and it comes up with the citizens advice where they can't help anymore unfortunately
I'm going to have and sort all the evidence and write. It all up to send just not knowing how to go about it doesn't help -
I'm really sorry to hear this @faydhar!
Here is information from SupportLine, if they are unable to help then please do let us know!Scope -
Hey all here's an update .my step dad had his tribunal hearing over the phone yesterday and he won his case . Does anyone know what happens next ? How long does any back pay take. Also he has been told by uc that even tho he has won his case to be in the lcwra he will get back dated money but may have to have another assessment to get the lcwra rate going on .to me that does not sound correct
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Hello @faydhar. I'm so pleased your dad has finally been awarded at tribunal and will be placed in the LCWRA group. It can take some time for UC to be notified by the tribunal service and even longer for backdated payments to be sent to a decision maker and released. It's worth setting the ball in motion yourself by updating them via his journal about his tribunal win and providing them with evidence (when he receives his decision letter from tribunal).
Regarding future payments, until he is reassessed by UC he should continue to receive LCWRA payments going forward. It is standard that people are reassessed but until a new assessment takes place and a decision is made, the tribunal decision should stand and he'll receive the LCWRA element.Community Manager
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@fadhar wat a disgusting way your dad was treated it’s shocking they are still getting away with this, im just glad he has finally won his appeal and hope it all gets sorted soon, I wish him well.
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