Help!! WCA appointment when told I don’t need one
Hi. After posting a glowing review of my treatment at my work coach appointment I have now run into trouble. It was agreed that if I got a fit note saying reduced hours I would not need to fill out the WCA form. I went to my appointment and the lady said I could work 10 hours per week with 3 monthly calls to see how I was doing and no need to continue getting fit notes. They could see that my earnings fluctuate sometimes going above the AET and others dropping below.
Now I have received an appointment for a WCA. As mentioned I haven’t filled in the form. I have messages on my journal stating I didn’t need to do this. I have messaged on my journal and a guy keeps coming back to me saying I must attend saying these are the rules, if I don’t attend I’ll be removed from the health journey etc. I’m sending the relevant journal entries of proof of what I was told and he’s just ignoring me stating these are the rules.
What to do?!
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I'd recommend getting advice from a trained benefits advisor.
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Thank you @Kimi87 I have been trying for months to get advice about my situation without success. No one will help me. CAB promised to call me then didn’t and they don’t answer their phone or emails and my other local place said they’re not taking on new clients.
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Does anyone have any advice please?
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Getting a fit note for reduced hours in general leads to attending a Work Capability Assessment. In other words, if you are claiming Universal Credit and submit fit notes that indicate a limited capability for work, which is your case, you will likely have to attend a Work Capability Assessment (WCA).
When you claim UC and have a health condition, you'll be asked for fit notes. And submitting fit notes is the first step to provide evidence of your limited capability for work. The fit note confirms your condition to the DWP, which then uses the Work Capability Assessment to decide your work-related requirements. And the WCA determines your eligibility for extra support.
What I can't understand, by the way, is how come you've received an appointment for a WCA when you haven't even filled in the UC50 form!
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Not long ago, the DWP used to leave claimants alone, as long as they were working more than the Administrative Earning Threshold (AET), which used to be 15 hours at National Minimum Wage and were considered to be in the Light Touch category of the UC. But the DWP have recently been pushing claimants to do more hours or interactions with work coaches to increase their earnings.
Therefore, I believe you've no alternative other than attending the WCA, unless you win the jackpot of the Euromillions prior to your appointment. But make sure that you've filled in the UC50 form first.
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@Passerby your initial post makes sense. This is what should have been relayed to me when I first had dealings with them. I was told by three separate people I didn’t have to do the WCA if handing in a fit note with reduced hours. And why would I not believe them - I therefore binned my form. So now I’m stuck with an appointment next week and no form, medical evidence to be considered thus leaving me at a huge and unfair disadvantage.
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Work coaches are not well-informed. This is supported by reports and anecdotes. They often give the wrong advice and information. This is why I say that work coaches need to find real jobs themselves, to start with.
Can't you ask your work coach about the fact that you haven't filled in a UC50 form? I would insist not attending the appointment without having completed and submitted the form. The work coaches know this very well.
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@Passerby thank you. I had back and forths with my work coach yesterday. He’s a prat. Ignoring the black and white journal evidence showing what I was advised and trying to cover for his colleagues. He keeps saying fill the form in despite me telling him I no longer have it. I have a call with him at 12. I’ve lodged a complaint and also asked for a new work coach. I’ll keep you posted!
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To be on the safe side, in case the work coach doesn't provide you with the UC50 form and return it for you, you can download it from the GOV.UK website. take your time, complete it and take it with you to the assessment and tell the assessor that you didn't receive any form from them or the DWP and that you have filled it out at the last minute.
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"I therefore binned my form."
I failed to notice this! So, you received the UC50 but binned it following what the work coaches had told you!
Then, you've no time to waste. Go download it from GOV.UK, fill it out and take it with you, unless the work coaches want to return it for you electronically, as you can fill it out digitally. Even if they accept to return it electronically for you, make sure you take a copy of it with you to the assessment.
I was wondering how come they call you for the WCA appointment without having sent you a UC50 form!
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So I received a call from my new work coach. He apologised then explained my situation was unusual, he then went on to bombard me with information (he asked if I was following, I said yes but once I thought about it later I was still unsure), I felt like he was sweet talking me and bit (I worked in customer service for 15 years and it had that false niceness about it) but then I get wondering if I’m being paranoid.
He failed to answer a lot of my journal questions, what his line manager had to say and ignored my entry asking for a female work coach as a reasonable adjustment. He said he’s my new work coach and has booked me an appointment for December. I didn’t want to go into my personal health issues and the fact that I identify as ND (awaiting assessment).
My preferred method of communication is written due to my issues. Plus I feel talking face to face or on the phone, things don’t get documented (as happened following my previous appointments with other work coaches and leaving me in this mess). Again I wonder if I’m being paranoid but it feels it may be a tactic. I mentioned how I was concerned about the WCA as I could be found fit for work and there’s no way I can work 35 hours. He stated there’s a lot of bad press and lies out there and they really are doing this to help me 🙄
I just don’t trust them or him, it made me feel off and triggered me although I didn’t see it till a bit later.
Here’s what I sent following the chat and his reply. It still doesn’t make sense to me but I don’t want a call again. I think I need some independent advice. Has anyone use fight4justice?
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Hi Kookee, I think you've summed up correctly and you should trust your instincts.
Why pay a subscription fee to be told similar nonsense? Filling in the form is how they obtain your consent for the Health Assessment. Turning up for the assessment is obviously consent.
Take screenshots of those initial messages in case your journal is altered in any way - yes, they can and do (in my case at least). Insist that you are allocated a female agent. We should not have to explain or justify this, ever! 😡
Leave them to sweat while you focus on your job and your health.
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Well done! Now, you've got plenty of time to fill out your UC50 form. You can even fill out one on computer, which would allow you to keep editing and saving contents.
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@WhatThe thank you so much for your empowering message. My thinking is, continue as I am, working and getting notes to say reduced hours THEN if anything changes and I can’t work I have a WCA at this point. I don’t see the point in having one now and getting put in LCW or worse no group, neither of which would benefit me. If at some point in the future I can’t work at all I would then have to have to request another?
He also said I’m on light touch. I don’t fully understand this but will look into it.
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On another note i rang WCA appointment line twice over the past couple of days. Both operators told me there is no need for a form, it doesn’t matter, which led me to think 1. they were setting people up to fail or 2. they don’t even take notice of the forms…
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The "Light Touch" category in Universal Credit (UC) is for claimants who are in work but on low earnings, with gross earnings above the Administrative Earnings Threshold (AET) but below the Conditionality Earnings Threshold (CET). Claimants in this group have fewer work-related requirements compared to others and can receive voluntary support from Jobcentre Plus to increase their earnings. Their Claimant Commitment shows which group they are in and what is expected of them.
Have they told you that you don't need to have a WCA, which is what you wanted?
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