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Universal credit

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inese1980
inese1980 Community member Posts: 1 Listener
Good evening,  I'm looking if someone can help me , I was badly neglected by universal credit, CAB have been  helping  me whit that ,I'm full time carer for my daughter,  she receiving DLA higher rate , I receiving carer element, carer allowance, child disability element , from universal credit and universal credit,  I'm suffering from depression my self for long time, due to my daughters  condition I have to be whit her all the time even night  times , my situation is not going better at the moment, I'm doing canceling at New futures project Ince a week for myself. Universal  credit  knows my situation very good what I'm going true.  Recently I received letter  for UC credit medical assessment,  I just wondered if they have wright  to ask me to do assessment if I'm full time carer???

Comments

  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited January 2023
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    They are correct. If you have reported a health condition they should refer you for a medical assessment. If found to have Limited Capability of Work and Work Related Activity your UC entitlement would increase. If the LCWRA element is paid for you the carer element would stop but your UC would still be £186/month extra.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,982 Disability Gamechanger
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    I would just like to add a warm welcome @inese1980. It is great to see you have joined us.

    Please don't hesitate to let us know if we can do anything else to support you  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her. 

    Please note: if I use the online community outside of its hours of administration, I am doing so in a personal capacity only.
  • Myworld
    Myworld Community member Posts: 19 Listener
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    Hello a good evening Scope. I'm very lost in the situation I seem to be in and I'm wondering if you could help or put me in the right direction of help, its in regards to my Universal Credit capability assessment. This case has actually been before the tribunal before at which the judge said on the day the case ended the both Universal credit and myself that they accept my condition had worsened and UC should accept a new claim from me. Two three years later and I have somehow been found capable to work even through UC said there capability assessment staff aint capable of assessing my heath condition at the last hearing that was a physical assessment this time it was a phone assessment. What I've been put through to this day is alarm a stress not that I aibt going through enough which they are well aware of,  I think this has been a form of abuse. Disability under the equality act 2010 I feel has been totally ignored in my case  I feel totally discriminated against, all letter have been ignored written by my doctor also sicknotes which they request im shocked they have not listened to the judge and have made me do yet another application to the tribunal which they have given Universal Credit till the 5th March 2023 to reply. I'm a disabled person in receipt of PIP enhanced for both daily living and mobility im affected by a large amount of health issues i have a carer also recently lost my dad and mother. Can you help please 

  • poppy123456
    poppy123456 Community member Posts: 57,031 Disability Gamechanger
    edited February 2023
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    Myworld said:
    Hello a good evening Scope. I'm very lost in the situation I seem to be in and I'm wondering if you could help or put me in the right direction of help, its in regards to my Universal Credit capability assessment. This case has actually been before the tribunal before at which the judge said on the day the case ended the both Universal credit and myself that they accept my condition had worsened and UC should accept a new claim from me. Two three years later and I have somehow been found capable to work even through UC said there capability assessment staff aint capable of assessing my heath condition at the last hearing that was a physical assessment this time it was a phone assessment. What I've been put through to this day is alarm a stress not that I aibt going through enough which they are well aware of,  I think this has been a form of abuse. Disability under the equality act 2010 I feel has been totally ignored in my case  I feel totally discriminated against, all letter have been ignored written by my doctor also sicknotes which they request im shocked they have not listened to the judge and have made me do yet another application to the tribunal which they have given Universal Credit till the 5th March 2023 to reply. I'm a disabled person in receipt of PIP enhanced for both daily living and mobility im affected by a large amount of health issues i have a carer also recently lost my dad and mother. Can you help please 

    Was the Tribunal because you had previously been found fit for work and UC wouldn't accept your worsening of health condition? If so what happened in those 2 to 3 years after that?


    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.
  • Myworld
    Myworld Community member Posts: 19 Listener
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    Yes that is correct because I had previously been found fit for work an UC want accept worsening of conditions. The 2-3 years in between that they have been happy to accept sick notes the whole time as I cant work.
  • poppy123456
    poppy123456 Community member Posts: 57,031 Disability Gamechanger
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    Myworld said:
    Yes that is correct because I had previously been found fit for work an UC want accept worsening of conditions. The 2-3 years in between that they have been happy to accept sick notes the whole time as I cant work.

    Have you taken a look at the descriptors for LCW and LCWRA? If not you can see them both here.


    Claiming PIP doesn't automatically entitle you to either of those. People claim PIP and work (i'm not saying you're capable of working)

    As you've now been found fit for work again then no further fit notes will be accepted, unless it's for a different health condition or a significant worsening of an existing health condition.

    Myworld said:
    im shocked they have not listened to the judge and have made me do yet another application to the tribunal

    They must have listened to the Tribunal decision because you had another WCA but were found fit for work. The Tribunal request last time was because they wouldn't accept further fit notes. For the first Tribunal did you also challenge the decision that found you fit for work?

    Fit notes are not evidence that you're not fit for work.

    I'd advise you to get some expert advice from an agency near you and they will help you. https://advicelocal.uk/welfare-benefits

    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.
  • Myworld
    Myworld Community member Posts: 19 Listener
    edited February 2023
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    Yes I have looked over it all and find that I do fall inline with description.

    [Removed by moderator]

    My day to living


    Definition of disability under the equality act 2010.

    I'm disabled under the equality act 2010 as my physical health is substantial and long-term with negative effects on my ability to do normal activities.

    Musculoskeletal Disorders affecting multiple joints causing impaired mobility, pain that significantly restricts ability to perform simple day to day activities


    24 January 2022 10:07pm
    Musculoskeletal Disorders (MSD)
    Musculoskeletal Disorders (WMSD)
    Are conditions in which the work environment and performance of work contributes significantly to the conditions.
    Loss of cervical lordosis and mechanical restriction irritation of thr facet joints along with possible nerve root irritation, weakness in right foot and very light lumbar muculature with notable alignment issues in shoulders & hips.
    Femoracetabular degenerative spine depression anxiety use crutches to mobilise serve pain in lumber spine.
    Degenerative changes in the right hip as both femoral heads show CAM deformity causing impingement bilateral femoral acetabular impingement on both side.
    Labial degeneration on the left side, thinning of cartilage of the left hip, flattened lumber spine with anterior pelvel tilt, scoliosis worsened type, sciatica, trapped nerves, arthritis ashma, bad nees. And a few more things

    My life has changed drastically I have problems sitting down standing up lying down and moving around, I have problamatic knees which give me problems whiles trying to stand while I stand and as I walk, I try to use one crutch on short distance but really I need two as walking with one brings repercussions, having alignment issues!.. I have chronic pain which stops can stop me from walking or moving I at least a few times a week get locked into a position with my with my hip and spine and rendering me to have to lie down flat inturn causing more pain leaving me in pain chronic pain that is. If I sit to long it feels like my hip is in my stomach which is very painful and makes me need to stand up and when doing so it causes more chronic pain I have a major problem with sitting on surfaces as this affects my hip my spine I get a dead ass check and numbness at times when sitting on certain things including a dead leg chronic pain in the knees and the heels of my feet are painful to walk on I have to have something on my feet at all times. i have a problem with picking things up with my write arm as I have a shoulder problem and alinement issues im affected by anxiety and depression my whole spine hips waist line knees legs shoulder is chronic pain daily no matter what im doing and most things make my condition worst. I’m also affected by insomnia this is something I always forget to mention I’ve been having to buy Nytol sleeping tablets from boots for years in order to sleep the doctors in boots say I must tell my doctor I use these tablets in order to sleep or I will not sleep at all. I have 3 different beds to sleep on yet all beds cause me many problems this is how affected I am by my conditions. In my car which is actually to small for me to drive and causes me problems to drive I need to use a egg sitter for the car seat in order to reduce the pressure off my hips and spine without this driving would be extremely uncomfortable rendering me in yet more uncomfortableness and aggravating existing problems.

    My doctor has written a letter to them which they recently ignored, after me mentioning they have ignored his letter he is now writing me a new letter.

  • bg844
    bg844 Community member Posts: 3,887 Disability Gamechanger
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    @Myworld comment reported for personal information.
  • poppy123456
    poppy123456 Community member Posts: 57,031 Disability Gamechanger
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    @Myworld you really need to edit your comment and remove all your personal information such as name address, NI number and phone number. You're posting on a public forum so anyone can see your details. Scope have nothing to do with DWP.
    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.
  • poppy123456
    poppy123456 Community member Posts: 57,031 Disability Gamechanger
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    Myworld said:
    Yes I have looked over it all and find that I do fall inline with description.

    What description? Do you mean descriptors? If so then which descriptor do you think applies to you and why?

    You've mentioned the equality act 2010 but this really has nothing to do with the work capability assessment.


    Myworld said:



    My doctor has written a letter to them which they recently ignored, after me mentioning they have ignored his letter he is now writing me a new letter.


    Gp letters aren't the best evidence to send because they very rarely know exactly how your conditions affect you because they don't spend any time with you to know anything about this. They will only know if you've told them.

    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.
  • Adrian_Scope
    Adrian_Scope Posts: 11,386 Scope online community team
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    @Myworld just a quick note to let you know that I’ve removed your personal details such as name and phone number from your post to help protect your identity. 
    Community Manager
    Scope
  • Myworld
    Myworld Community member Posts: 19 Listener
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    Thank you I wernt sure hiw to remove these details 
  • Myworld
    Myworld Community member Posts: 19 Listener
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    Health assessment points

    Who goes into the Limited Capability for Work (LCW) Group and how?
    Limited capability for work (LCW) group


    1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.

    Answer

    repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. 15 points


    Standing and sitting

    1. iii a combination of (i) and (ii) for more than 30 minutes before needing to move away in order to avoid significant discomfort or exhaustion. 9 points


    9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.

    Answer

    At least once a month experiences:
    • loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; 15 points

    The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly.

    I feel I fall into these fields as im currently going through this and my evidence should confirm the following and findings that have been found and mentioned 

  • poppy123456
    poppy123456 Community member Posts: 57,031 Disability Gamechanger
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    Myworld said:
    Health assessment points

    Who goes into the Limited Capability for Work (LCW) Group and how?
    Limited capability for work (LCW) group


    If found to have LCW then you won't receive any extra money each month. For the extra money you need to look at the descriptors for LCWRA, which i provided the link above. It's not about scoring points, you just need to satisfy at least one of the descriptors.

    For the mobilising one, they also consider your ability to use a self propelled wheel chair.


    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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