UC50 reassessment

paries1

Well I sent my form today after almost wanting to just tear it up. No doubt I’ll need an HCP assessment. 

What would happen if they arranged an assessment and you just never turned up or answered the call ? Would they just send the form to DWP and then they’d stop the disability element ? 

So you’d be fit for work but still get housing element and standard element ? 

Feeling sick about the whole thing . Have my PIP form to do now  

poppy123456

You can be found fit for work for failing to attend an assessment, that includes face to face, telephone and video assessments.

For you, you will only lose the LCWRA element and nothing else. I’m sure I’ve answered that question before for you.

Good luck with the review! 

paries1

poppy123456 said:

You can be found fit for work for failing to attend an assessment, that includes face to face, telephone and video assessments.

For you, you will only lose the LCWRA element and nothing else. I’m sure I’ve answered that question before for you.

Good luck with the review! 

Thanks Poppy 🙏
I think you have answered it before , sorry for being a nuisance . 

calcotti

poppy123456 said:

You can be found fit for work for failing to attend an assessment, that includes face to face, telephone and video assessments.

For you, you will only lose the LCWRA element and nothing else. I’m sure I’ve answered that question before for you.

Good luck with the review! 

Apart from from the LCWRA element wouldn’t the claimant likely be treated as fit for work and therefore have to kook for work (or is there something in another thread, there are quite a lot of them).

poppy123456

calcotti said:

poppy123456 said:

You can be found fit for work for failing to attend an assessment, that includes face to face, telephone and video assessments.

For you, you will only lose the LCWRA element and nothing else. I’m sure I’ve answered that question before for you.

Good luck with the review! 

Apart from from the LCWRA element wouldn’t the claimant likely be treated as fit for work and therefore have to kook for work (or is there something in another thread, there are quite a lot of them).

Yes look for work indeed and i completely overlooked that part. Thanks calcotti!

paries1

poppy123456 said:

calcotti said:

poppy123456 said:

You can be found fit for work for failing to attend an assessment, that includes face to face, telephone and video assessments.

For you, you will only lose the LCWRA element and nothing else. I’m sure I’ve answered that question before for you.

Good luck with the review! 

Apart from from the LCWRA element wouldn’t the claimant likely be treated as fit for work and therefore have to kook for work (or is there something in another thread, there are quite a lot of them).

Yes look for work indeed and i completely overlooked that part. Thanks calcotti!

So fit for work and looking for work ? 

poppy123456

Yes that's what fit for work means.

paries1

calcotti said:

poppy123456 said:

You can be found fit for work for failing to attend an assessment, that includes face to face, telephone and video assessments.

For you, you will only lose the LCWRA element and nothing else. I’m sure I’ve answered that question before for you.

Good luck with the review! 

Apart from from the LCWRA element wouldn’t the claimant likely be treated as fit for work and therefore have to kook for work (or is there something in another thread, there are quite a lot of them).

I was just confused at the reply and thought there was something else . 

poppy123456

paries1 said:

calcotti said:

poppy123456 said:

You can be found fit for work for failing to attend an assessment, that includes face to face, telephone and video assessments.

For you, you will only lose the LCWRA element and nothing else. I’m sure I’ve answered that question before for you.

Good luck with the review! 

Apart from from the LCWRA element wouldn’t the claimant likely be treated as fit for work and therefore have to kook for work (or is there something in another thread, there are quite a lot of them).

I was just confused at the reply and thought there was something else . 

When i advised fit for work i automatically assumed you would know that to mean you would be expected to look for work, so i didn't include that part. That was wrong of me to assume that.

paries1

poppy123456 said:

paries1 said:

calcotti said:

poppy123456 said:

You can be found fit for work for failing to attend an assessment, that includes face to face, telephone and video assessments.

For you, you will only lose the LCWRA element and nothing else. I’m sure I’ve answered that question before for you.

Good luck with the review! 

Apart from from the LCWRA element wouldn’t the claimant likely be treated as fit for work and therefore have to kook for work (or is there something in another thread, there are quite a lot of them).

I was just confused at the reply and thought there was something else . 

When i advised fit for work i automatically assumed you would know that to mean you would be expected to look for work, so i didn't include that part. That was wrong of me to assume that.

Oh ok , thanks poppy 🙏

flour

poppy123456 said:

You can be found fit for work for failing to attend an assessment, that includes face to face, telephone and video assessments.

For you, you will only lose the LCWRA element and nothing else. I’m sure I’ve answered that question before for you.

Good luck with the review! 

For your peace of mind @paries1 there are lots of steps to go through if you fail to attend the work capability assessment (telephone/video/face to face interview).

There is lots of information about it in a document from the DWP available here:

https://www.whatdotheyknow.com/request/341853/response/841764/attach/6/2 Good reason process for Work Capability Assessment.pdf

But a summary would be that after you fail to attend, the DWP will send you a form called a UC65 where they will ask you to explain why you didn't take part in the assessment. Here you'll explain what happened. The DWP will look at everything and decide if its fair enough that you didn't take part. If they think you should have they will make a decision that goes again you then you'll need to disagree with them and then ask a Judge to decide. 

Sometimes people are too unwell and don't return the UC65 and the DWP will consider that too.

The main thing to remember is there are steps in-between and you can explain to the DWP that you being ill because you have a disability is a fair enough reason for not being able to take part in the assessment. You may need to get new evidence to help such as a GP letter.

Sometimes this forces the DWP to do the assessment 'on paper' without you having an interview.


IF you'd like to see what a UC65 form looks like I cannot show you one as I can't find a copy online. However there is a copy of a very similar form which the DWP use for ESA when people fail to attend the same work capability assessment. Hope this helps reassure you by showing what the questions are like.

https://www.whatdotheyknow.com/request/141042/response/354324/attach/3/BF223.pdf?cookie_passthrough=1

The ESA BF223 is the UC equivalent of the UC65.

paries1

flour said:

poppy123456 said:

You can be found fit for work for failing to attend an assessment, that includes face to face, telephone and video assessments.

For you, you will only lose the LCWRA element and nothing else. I’m sure I’ve answered that question before for you.

Good luck with the review! 

For your peace of mind @paries1 there are lots of steps to go through if you fail to attend the work capability assessment (telephone/video/face to face interview).

There is lots of information about it in a document from the DWP available here:

https://www.whatdotheyknow.com/request/341853/response/841764/attach/6/2 Good reason process for Work Capability Assessment.pdf

But a summary would be that after you fail to attend, the DWP will send you a form called a UC65 where they will ask you to explain why you didn't take part in the assessment. Here you'll explain what happened. The DWP will look at everything and decide if its fair enough that you didn't take part. If they think you should have they will make a decision that goes again you then you'll need to disagree with them and then ask a Judge to decide. 

Sometimes people are too unwell and don't return the UC65 and the DWP will consider that too.

The main thing to remember is there are steps in-between and you can explain to the DWP that you being ill because you have a disability is a fair enough reason for not being able to take part in the assessment. You may need to get new evidence to help such as a GP letter.

Sometimes this forces the DWP to do the assessment 'on paper' without you having an interview.


IF you'd like to see what a UC65 form looks like I cannot show you one as I can't find a copy online. However there is a copy of a very similar form which the DWP use for ESA when people fail to attend the same work capability assessment. Hope this helps reassure you by showing what the questions are like.

https://www.whatdotheyknow.com/request/141042/response/354324/attach/3/BF223.pdf?cookie_passthrough=1

The ESA BF223 is the UC equivalent of the UC65.

That’s really helpful Flour , thank you so much. I’m getting really down about the whole thing. I had no idea about the UC65 , thanks again for this information 🙏

flour

@paries1

Please do not get down about it. You are doing very well by already coming on here for advice. And by learning more about your benefits you're putting yourself in the best position to feel more confident dealing with it.

The DWP do know that asking people who are unwell to fill in complex forms and attend interviews can be too much for them to do.

DWP call this the 'Nature of the claimant's health condition'

The DWP say that 'the nature of the claimant's disability is a factor that must be taken into account when considering whether good reason [for not attending the assessment] has been shown'

This is a roundabout way of saying 'we know they are unwell and probably can't do interviews anyway so could we really expect them to do even more interviews?'.

Theres a good couple of examples on pages 3 and 4 - I've pasted one here:

Alex is in receipt of Universal Credit and becomes unfit for work stating that he suffers from agoraphobia, anxiety and depression. He doesn't return the questionnaire. Alex contacts the assessment provider to ask for a home visit after being asked to attend the examination centre. The appointment is rearranged and he is advised to get a supporting letter from his GP. Alex fails to attend an examination 15.8.13. In the UC65 form he states that his GP had told him he would fax a letter to the examination centre requesting a home visit. He had no copy of the letter and was struggling to keep organised. There is no information on the assessment provider's computer system about a request for home visits but the DM has no reason to doubt Alex's explanation. The DM accepts that Alex had good reason for his failure to attend. The DM also asks the assessment provider to arrange a home visit.

The important thing is making sure you have citizens advice or a welfare rights organisation or social worker helping you and if necessary contacting the DWP to explain the situation. 

And, if it comes down to it, having them help you with the UC65 / tribunal.

paries1

flour said:

@paries1

Please do not get down about it. You are doing very well by already coming on here for advice. And by learning more about your benefits you're putting yourself in the best position to feel more confident dealing with it.

The DWP do know that asking people who are unwell to fill in complex forms and attend interviews can be too much for them to do.

DWP call this the 'Nature of the claimant's health condition'

The DWP say that 'the nature of the claimant's disability is a factor that must be taken into account when considering whether good reason [for not attending the assessment] has been shown'

This is a roundabout way of saying 'we know they are unwell and probably can't do interviews anyway so could we really expect them to do even more interviews?'.

Theres a good couple of examples on pages 3 and 4 - I've pasted one here:

Alex is in receipt of Universal Credit and becomes unfit for work stating that he suffers from agoraphobia, anxiety and depression. He doesn't return the questionnaire. Alex contacts the assessment provider to ask for a home visit after being asked to attend the examination centre. The appointment is rearranged and he is advised to get a supporting letter from his GP. Alex fails to attend an examination 15.8.13. In the UC65 form he states that his GP had told him he would fax a letter to the examination centre requesting a home visit. He had no copy of the letter and was struggling to keep organised. There is no information on the assessment provider's computer system about a request for home visits but the DM has no reason to doubt Alex's explanation. The DM accepts that Alex had good reason for his failure to attend. The DM also asks the assessment provider to arrange a home visit.

The important thing is making sure you have citizens advice or a welfare rights organisation or social worker helping you and if necessary contacting the DWP to explain the situation. 

And, if it comes down to it, having them help you with the UC65 / tribunal.

This information is so helpful flour and I had no idea about it . 

I’ve had 2 paper based assessments before and honestly I’m absolutely dreading if I have to speak to a HCP , I sent my UC50 and it was a real mess because I got so overwhelmed. Someone from a MH organisation was meant to help me but got ill at the last minute and the new date they gave meant I’d have been late sending it back so I did it myself and made a mess , I was going to download the online one and re do it but I just wanted it gone so didn’t and sent the original one in. 

I read the link you sent and it’s so informative and good to know . Thx 🙏 again 🙏

flour

@paries1

I'm going to presume you have mental health problems if you have been in touch with an MH organisation.

If having to speak in the assessment is too much to ask and will risk making your health worse then they must look in to alternatives.

It is unreasonable to ask anyone to do something which will make them even more unwell - such as taking part in the assessment.

No-one expects you to 'soldier on' and struggle through it. It is acceptable to turn around and inform them its too much but they do need to have the reasons why explained to them.

If you can - with the help of the MH organisation write to the DWP and/or CHDA (the assessment company) and explain the situation in detail. 

There are two other things you could do.

1. You can formally request a paper assessment (again) under the equality act. CAB or similar advice agencies can help

2. Do a subject access request for your file from the DWP - this can be a good thing because you can see all the paperwork and reports they have on you. But it may include lots of paperwork to look at and some people find it can make them feel more anxious. It could include your previous paper assessment reports which might be useful. You will feel more informed and also get a copy back of your UC50 if you haven't kept a copy and you can see what you've written.

paries1

flour said:

@paries1

I'm going to presume you have mental health problems if you have been in touch with an MH organisation.

If having to speak in the assessment is too much to ask and will risk making you more unwell then they must look in to alternatives.

It is unreasonable to ask anyone to do something which will make them even more unwell - such as taking part in the assessment.

No-one expects you to 'soldier on' and struggle through it. It is acceptable to turn around and inform them its too much and explain the reasons why.

If you can - with the help of the MH organisation write to the DWP and/or CHDA and explain the situation in detail. 

There are two other things you could do.

1. You can formally request a paper assessment (again) under the equality act. CAB or similar can help

2. Do a subject access request for your file from the DWP - this can be a good thing because you can see all the paperwork and reports they have on you. But it may include lots of paperwork to look at and some people find it can make them feel more anxious. It could include your previous paper assessment reports which might be useful.

I’ve just got so much happening with my health atm , I’m in more counselling , got some physical health investigations going on and had a major bereavement last year that’s made my MH worse. I have ok moments and days like today where I just want to lie in bed the whole day and be away from everything. On 3 different MH meds and sleeping pills, been on them for years and they’ve stopped helping but I don’t want a med review because I absolutely don’t want to be put on a higher dose of the anti psychotics, if anything I want off them in particular. 

I really don’t want to come across as a whiner because I know some have it worse but it’s just never ending sometimes . 

Thanks for your advice , I’ll def speak to the MH advocate about that 🙏

flour

@paries1

You are very welcome. And please don't be hard on yourself and mustn't think that you come across as a whiner. Far from it, like most people, you're already unwell and then trying to manage in the middle of a complex benefit system involving paperwork and phone calls and appointments on top.

I hope your advocate can help and do please come back on here as well, you are always welcome to post.

paries1

flour said:

@paries1

You are very welcome. And please don't be hard on yourself and mustn't think that you come across as a whiner. Far from it, like most people, you're already unwell and then trying to manage in the middle of a complex benefit system involving paperwork and phone calls and appointments on top.

I hope your advocate can help and do please come back on here as well, you are always welcome to post.

Thanks flour , I’ve  learnt loads of informative things on this forum with lots of great advice , yours included. I’d def post the outcome on here .x 

WhatThe

Hi Paries 1

Re Flour's advice below:
2. Do a subject access request for your file from the DWP - this can be a good thing because you can see all the paperwork and reports they have on you. But it may include lots of paperwork to look at and some people find it can make them feel more anxious. It could include your previous paper assessment reports which might be useful. You will feel more informed and also get a copy back of your UC50 if you haven't kept a copy and you can see what you've written.


FYI the DWP is instructed to ignore any subject access request (SAR). You will need to ask them for a 'Right of Access Request' (RAR) and be very patient. 

paries1

Whatnot4657 said:

Hi Paries 1

Re Flour's advice below:
2. Do a subject access request for your file from the DWP - this can be a good thing because you can see all the paperwork and reports they have on you. But it may include lots of paperwork to look at and some people find it can make them feel more anxious. It could include your previous paper assessment reports which might be useful. You will feel more informed and also get a copy back of your UC50 if you haven't kept a copy and you can see what you've written.


FYI the DWP is instructed to ignore any subject access request (SAR). You will need to ask them for a 'Right of Access Request' (RAR) and be very patient. 

Thanks whatnot4657, I’ll def do this , might make me a bit anxious but it’d be worth it to see everything they have. 🙏

WhatThe

Flour's info and links are very good, I should add. It's terrifying, I know. Request ALL DATA. I can't give you a link but research SAR for guidance. You'll get no answers to a question and will receive redacted screen prints but worth doing, yes.