Universal credit

inese1980

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???

calcotti

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.

L_Volunteer

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 

Myworld

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

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?

Myworld

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

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.

You need to score at least 15 points for LCW https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work

For LCWRA you just need to satisfy at least one of the descriptors. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

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

Myworld

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

@Myworld comment reported for personal information.

poppy123456

@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.

poppy123456

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.

Adrian_Scope

@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. 

Myworld

Thank you I wernt sure hiw to remove these details 

Myworld

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

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.

Descriptors here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity