WHY DOES MY PARTNER KEEP FAILING THE UC WCA ?
Wondered if anyone can offer some Help or Advice Please.
My OH has Multiple Problems. Have had 4 x Seperate Doctors & a Specialist say his NOT FIT FOR WORK & Never will be. his Condition will only get Worse.
He ALWAYS FAIL'S the Job Centre Medicals, but never tell us Why.
We was on Income Support up until a year ago before being forced over to UC.
OH has been putting in Fitness For Work Notes since Day one.
He had his FIRST WCA in February. There was many things he Could NOT DO, they wrote that he REFUSED to do them & deemed him Fit for Work.
He had his SECOND WCA last month (By Phone this time) over an hour long whilst he was in Pain. And AGAIN his been Deemed FIT FOR WORK :(
we are awaiting for a Mandatory Reconsideration at moment.
Whilst Waiting we done an ONLINE WCA.
To Qualify for LCWRA you need 15 Points. we managed to get 102 Points (and thats with answering a lot of Low Point replys and N/A) so my Question is HOW does he Always Fail ?
Comments
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Can you ask for a report of the WCA showing where the points were scored?
It sounds like there may be some misunderstanding of the descriptors.
Also, if they asked him to carry out some physical activities and he just said no then that isn't giving them proof that he can't do it. They need to see that he can't do it. Obviously that's not relevant for the telephone WCA though, so I would see if you can get that report to understand why he hasn't been awarded.
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The points scoring is relevant to LCW and not LCWRA. For LCWRA you just need to meet one descriptor or substantial risk because each descriptor is actually 15 points. You can see them descriptors here.
To keep going through the work capability assessment isn't the answer, you need to challenge the decision all the way to Tribunal if you have to.
Whether he qualifies for LCWRA will totally depend on how his conditions affect him and not everyone will qualify.
You can ask for a copy of the assessment report by putting a message on your journal but if you do ask for that and you get as far as Tribunal, I'd advise you not to put too much focus into the assessment report and concentrate on which descriptor you think applies and your reasons why.
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Hey @NOTok2024, this sounds really incredibly frustrating. Have you seen the reports and what they scored your partner?
It's a really frustrating process, there's a reason why they do want to scrap it eventually.
Let us know how the Mandatory Reconsideration goes. We do have some pages on the rest of the appeals process if you haven't looked it up already: Appealing a benefits decision | Disability charity Scope UK
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Thankyou
No had NOTHING
We've had letters about What they look for, but NOTHING about what they actually found or the points he did score.
As for showing them that he CAN'T do something. My OH has an Umbilical Hernia so can not Physically bend forward or Lift anything due to risk of it Rupturing.1 -
It sounds so frustrating @NOTok2024. Your OH clearly has needs and needs support. Will you ask to see the report as other members have suggested? That'd be the best way to find out what's going on.
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Ah, I see. That does make it very difficult. I understand why he couldn't attempt the tasks now. Sadly that may not be understood by the assessors, they are just ticking boxes at the end of the day.
Ultimately they need to have proof of why he can't do those tasks. Can one of his Doctors or specialists provide a letter that clearly states why he can't attempt those tasks?
You can call a phone number to get the report of the WCA. The reports are not sent automatically.
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They had letters sent in with the original forms that stated on there he has a Hernia. And not being funny but you can see the bulge from his belly button where the hernia is. Skin around it is very angry looking.
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It's not awarded based on a diagnosis alone. You need to look at the descriptors in the link I provided to see which one he thinks may apply to him. The based it on the reasons why he thinks that descriptor applies.
They look at the work you can do and not the work you can't do. Does he have any other health conditions, or just the hernia?
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@poppy123456
Yes he hasCurvatures of the Spine
Corroding Disc'sDamaged Vertebrae in his Neck
Pain in his Lower Back, Knee & Elbow JointsArthritis
Carpal tunnel syndrome in his wrist
Mild Schizophrenia
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that is the site i did are own check on.
The Score came out at 1020 -
That's impossible for the LCWRA descriptors because only the one is needed to qualify. Each of them score 15 points.
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We did the Eligibility checker from the same People. it was LCW / LCWRA.
just finding it frustrating that Everyone say's they can see his not fit for work. including a couple of people who work at UC. Yet he Always fails the DWP Medicals and No one can understand why. One of the Medicals he actually BLACKOUT & Collapsed in front of them. yet he was still deemed fit to work0
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