Please can anyone help me

Dan88

Hello all, I’m so pleased I have come across this service. 

I am looking for help re my mental health and a sudden change to my limited capability assessment. Although nothing has changed for me I have been found/ deemed fit for work based on many “physical” abilities rather than my condition of mental disability. I’m stressed out of my mind. Appeals and tribunals terrify me. Has anyone got any advice or been through similar. Thanks for reading. Any advice/support so appreciated 🥰

poppy123456

Is this for ESA or Universal Credit? If it's UC then for the Mandatory Reconsideration, which is the first step to appeal you can request this on your journal. You need to tell them which group you think you should be placed into and why. 

You can see the descriptors for LCW here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work

LCWRA here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity#:~:text=LCWRA%20descriptors,reasonably%2C%20be%20worn%20or%20used.&text=(ii)%20repeatedly%20mobilise%2050%20metres,of%20significant%20discomfort%20or%20exhaustion.

If the decision doesn't change at this stage you can proceed to Tribunal. 

Dan88

Hello Poppy and thank you! 

Do you know what causes them suddenly to change their mind? My medical record states unfit to work yet they have said the doctor diagnoses and treats me… they make a decision not a gp?
I have been on uc for about 3 years, nothing has changed in regards to my health/ medication. 

The entire basis of their reasoning from What we can see is things like.. eyesight? Standing and sitting? Being able to speak? Nothing to do with mental health. I cannot tell you how stressed I am. I have requested them to send me more info on the decision. 

The decision maker when she called said “everything is fine it’s just to make sure sure I am getting the right amount and they would let me know in 24 hours.. 40 mins later… we feel you are fit enough… an hour later booked in 8 days to see work coach and look for work. 

poppy123456

I’m afraid I have no idea why they found you fit for work but it does happen sometimes. Up until Sept 2023 16% of people are found fit for work, so fairly low. You can see those states here https://www.gov.uk/government/statistics/universal-credit-work-capability-assessment-statistics-april-2019-to-september-2023/universal-credit-work-capability-assessment-april-2019-to-september-2023

Your GP and medical records saying you are unfit for work isn’t to help a work capability assessment. 

It has been known for a decision maker to ring to ask some questions before making a decision. 

When you filled out the UC50 form did you put as much relevant information as possible? 

All you can do at this stage is challenge the decision by requesting the MR. The stats for decisions changing at that stage is reasonably high. 

Dan88

Thank you for your support. Hugely appreciate i will start the process. Do you know if there’s anyone that can help me with it at all? 

poppy123456

You can speak to an advice agency near you. This link will help with that. https://advicelocal.uk/welfare-benefits

Dan88

@poppy123456 thank you x