Universal Credit, Workplace Assessment and PIP

littlesarah

HI guys, I've been claiming Universal Credit since 2021 and I'm still in a battle with them regarding my Workplace Assessment outcome. I'm waiting to go to tribunal because they say I can work 30 hours +. However, I haven't been able to do this for a number of years. I claim higher rates of PIP for both daily living and mobility.

I'm filling in another form as they recently found new fibromas (I have NF1) and therefore my health has changed.

Any suggestions on what I can add to my form?

poppy123456

As you’re already waiting for a Tribunal hearing for one work capability assessment then you shouldn’t really have reported changes to your health condition without first getting some expert advice.

This is because any new decision made on your change of circumstances will overrule any decision made by the Tribunal. This means if you’re either found fit for work or to have LCW again then the whole process starts all over again.

It’s not about a diagnosis, whether there’s any entitlement to LCWRA will depend on how your conditions affect you. Have you taken a look at the descriptors? If not you can see them here https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

At least one of those needs to apply. Once you’ve taken a look then you will need to base the form on that and concentrate on exactly how your conditions affect you.

You should also include a couple of real work examples of exactly what happened the last time you attempted each descriptor that applies to you.

Unfortunately I can tell you exactly what you need to write because I don’t know how your conditions affect you.

Rachel_Scope

Welcome to the community @littlesarah. Poppy has given some great information there, just wanted to say hi 😊

littlesarah

Thanks Poppy. Its not your fault but it was my work coach who advised me that it was a good idea to get another fit note as things had progressed, unfortunately all my conditions are going to get worse as they're all progressive.

I'm a little annoyed and worried now that I've been advised to do the wrong thing and that this could make things worse.

Jimm_Scope

What would happen, at least this is my knowledge of how PIP works I would find it wild if LCWRA was very different, is the tribunal will decide from the date of your first application to the date of the decision on the change of circumstances form. If the decision on the change of circumstance form is not right in your opinion you would then have to go through the appeals process again for that.

When you say your health has changed, has it actually become worse since your Work Capability Assessment or is it just this was diagnosed but was already there?

littlesarah

My health has changed since my first assessment in January 2022.

poppy123456

@Jimm_Scope any decision made from the Tribunal will apply from the date of the first fit note until the assessment period that the change of circumstances were reported.

For PIP of starting a new claim or reporting changes when waiting for a Tribunal hearing then the Tribunal hearing will be from the date of the first application until the day before the 2nd application.

Jimm_Scope

Ah, so it is different between PIP and WCA, thank you Poppy.