WCA WHILE WAITING MR

bumblebee90

Hi im abit confused and hope someone can help with some information. I was given a WCA at the beginning of Sept of this year and was told I was fit for work (previously LCW but health declined so I asked for an assessment) I have put in a MR but because I was found fit for work I was made to attend an appointment with my work coach. After an upsetting appointment they could see my mental health was bad and told me I needed to have my next fit note say my health was declining (even though it was already mentioned in previous ones and hence me asking for a referral) I did this and I have now been referred to another WCA. I'm confused and worried about this as I've said I currently have an MR decision in waiting. Will the new referral disrupt my current MR for my last WCA or is there a chance I may just skip the paperwork application and have another assessment or will they wait for my MR first. Sorry for the long post!

Thanks in advance!

Lauren29

This sounds very confusing and I would advise that you consider seeking advice from CAB or similar advice organisation. I am more familiar with what happens with PIP and I know individuals who have made a new claim for PIP whilst a Mandatory Reconsideration or Appeal is being decided. This is usually because since making their original claim their health has deteriorated so they think that they may be more likely to be awarded PIP or a higher rate of PIP if they make a new claim. The PIP MR or Appeal continues whilst the new claim is being decided. In these cases where the first claim is successful after MR or Appeal the PIP award only runs until the new claim starts. Then there is a new decision which runs from when the new claim is made.

I think that the WCA may be similar and when the MR or appeal decision is reached this may only run until the date on which the request for a new UC50 was made. However I think that you need to check this with an advice agency.

I would be concerned that unless your health has deteriorated since the beginning fo of September another WCA will also find you fit for work. You should able to ask UC for a copy of the report from your previous assessment and this will help you to see why you were found fit for work. I would seek advice on how to approach the WCA and look at whether there is any additional evidence that you could provide regarding your mental health.You may have been found fit for work but if your work coach has identified that you are going to struggle to meet your claimant commitment, they do have the discretion to amend this.

bumblebee90

Thanks for the advice. I spoke to my work coach and they said it's separate to my first one. So I'm just hoping they could change their original decision to save all the time and hassle of going through it again butI doubt they'll see it that way 😑