Work Capability assessment, Universal Credit

Myworld

Hello good evening Scoop community. 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 to both Universal credit and myself that they accept my condition had worsened back in 2019 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 alarming a stressful not that I ain’t going through enough which they are well aware of,  I think this has been a form of abuse. I fall under the 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. I have been having to provide sick notes for years Can you help please.

Here is a few of my conditions.

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 while trying to stand while I stand and as I walk, I 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 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 cheek 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 I have 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. 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.

poppy123456

It sounds like your previous Tribunal was for a completey different reason as you mentioned they accepted your condition had got worse and decided that UC will need to accept a new fit note based on worsening of condition.

Fit notes are not proof that you have limited capability for work. Letters from a GP are never the best evidence to send because they don't spend any time with you to know exactly how your conditions affect you. They will only know if you told them.

The Equality Act 2010 has nothing to do with the WCA unfortunately. PIP is also a completely different benefit with different criteria and claiming this doesn't automatically qualify you for LCWRA.

Have you had a look at the descriptors for LCWRA? You can see them here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity You need to satisfy at least one of those the majority of the time.

For the Tribunal you need to state which descriptor you think applies and your reasons why. You can also get some expert advice from an agency near you. https://advicelocal.uk/welfare-benefits

Myworld

Poppy yes I have looked at descriptors and many apply to me, my doctor has also written two letter of which have now been provided to to tribunal, any body or professional I speak to on this subject say there is something very wrong if they can’t see how you are affected, I’ve also been in touch with citizens advice who say to contact them when I have a court date so they can help with representatives somehow or point me to people who can help at tribunal hearing, universal credit told me to write in my change of circumstances the health criteria part in all the sections where I have wrote a health condition to say all have worsened and to also provide a fit note which says my conditions have worsened and that I’m affected by musculoskeletal disorder which my doctor done and they still say I’m fir to work.

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 

Answer 

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 

I’m sure I may fit for more points but these are main I think.

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 

Answer 

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 

I’m sure I qualify for more points but these are the main ones I think.

Any professional I speak to about this subject including citizens advice say there must be something very wrong with the system if they can’t see that I can’t work because of my health condition, citizens advice said to give them a call when I get date for hearing by the tribunal and they will try to provide representatives in place or point me in the right direction of professionals who can. as far as I’m concerned this is discrimination and inequality and everything what has taken place points to just that. Is there anyone in this community who can help me mabey help represent me in court as I’m disabled and classed as disabled. Im with sunflower disability scheme. As I was at court on my own the last hearing it would be nice if I could be represented in court by a charity which caters for disabled people like me please.

poppy123456

You’re referring to the LCW with some of those descriptors and you won’t be entitled to any extra money with this group. 

The mobilising descriptor please be aware that they do take into consideration your ability to use a self propelled wheelchair for this. 

Absence or loss of of control of bowel/bladder must be at least once a week for LCWRA. At least once a month is LCW. 

Standing and sitting again this is related to LCW, there is no such descriptor for LCWRA. For LCWRA it’s transferring from
one seat to another. 

Please see the link I posted above for LCWRA descriptors. Only one needs to apply because it’s not about scoring points for LCWRA. Points refer to LCW only.

Unfortunately scope do not represent people at Tribunals. There are no members that would be able to do that as scope do not support meeting other members. 

For representation please have a look at the link I posted above to see what advice agency is local to you. Either Welfare Rights or a Law centre can represent. Citizens Advice no longer offer this service because of lack of funding. 

I wouldn’t advise waiting until you have a hearing date to find someone to represent you. You should do this ASAP. 

Myworld

Thank you for you advice i have emailed DLS and will follow up with a phone call tomorrow, as for Tribunal they said to universal Credit back in 2019 that they should accept a new capability assessment based on the worsening of my condition not a sick note sorry which thay have simply ignored. On the assessment in which you sent me Poppy I quality for 4,8,14 ? They have treated me poorly 

poppy123456

Are you saying you didn't have a new work capability assessment for this decision?

Myworld

Poppy I had a work capability assessment over the phone in which I was again treated poorly the phone was actually put down on me several times during the assessment they were making up questions from answers I would give them which just went on and on!… even through previously being at court in 2019 and universal credit said to the judge their assessment staff ain’t qualified to assess the health conditions in which I carry. I have also made a complaint on my journal to how my assessment for capability for work was carried out i how I was left feeling after that call with no reply. After speaking with DLS they said I should also send a complaint to them recorded delivery! For the last several Years I’ve been treated very poorly and it seems no one can help 

poppy123456

The Tribunal the last time was because of your worsening of conditions, which DWP refused to accept. It wasn't because you were found fit for work. That Tribunal decision wouldn't have been taken into consideration for your WCA this time.

If you have a complaint about the WCA and the assessor then you need to complain to the Health Assessment Advisory Service, not to UC. Contact details for these are here. https://chdauk.co.uk/about-us/contact-us/

Myworld

Poppy yes thats correct, and I have just emailed them thanks you, I have emailed all all teams you have sent emails for. Thank you 

Myworld

Poppy thank you I have emailed chda and also spoke with them.

L_Volunteer

Have you heard anything from them yet @Myworld and, if so, how has this gone for you? Please don't hesitate to let us know if there's anything else we can do to support you 

Myworld

Hello yes, I have been told by the Tribunal I need to get 5 years of I think its called maintenance records of my universal credit including all decisions made from sick notes to capability assessment, this also applies to ESA as I was force fully moved from ESS to universal Credit when they made everyone switch over. I have also been requested to get 5 years of doctors records in regards to myself health and well-being. I'm sure its the Disability law firm who have or will be shortly organising me a representative who may and can represent me in court which will mean a great deal to me. I did make a complaint to Centre for Health and Disability Assessment (CHDA) which I've recently received confirmation by letter they will be investigating my claims which I have made and to also check all information supplied while doing there investigating.

Hannah_Alumni

Please keep us updated @Myworld keeping everything crossed the investigations go well!