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UC Claim hell for Disabled partner

Freedom1

I am a full time carer for my partner, my partner has CP and gets the higher rate of PIP. We recently had to make a new claim for UC. The process has been very stressful for us both. It began with a telephone interview to explain the procedure, we then had to fill in a joint claim online. Then came a face to face interview with a fit note provided and proof of High rate PIP. She was then asked a lot of personal questions about her disability in which we both explained how it effected her day to day, how I do everything for her, wash, clothe, cook, take her to the toilet etc, everything. A few weeks went by before our appointment by telephone with her 'Work Coach.' We then had to explain all about her disability again, with her being asked questions that contradicted what we had just explained about her disability. The interview went on for 35 minutes in which we felt our answers were not really being listened to as the person on the phone was just realling off a cheat sheet to type in standard answers on a screen that don't take into account and individuals disability. Afterwards we were told a document would be sent out and has to be filled in (A work capability assessment) that has to be returned asap. She has another appointment booked for December where she will be asked questions on what she has done to improve her chances of finding work! Are these people just not listening, does the doctors note and higher rate of PIP plus our already twice over description of her disability count for nothing? Why this constant harassing, and repetitive nature over and over? In the meantime she is required to log in every day and look at jobs which for example are things like Construction worker, Swimming trainer etc ( Are they taking the mick? ) All of this is effecting her mental health with the stress and causing her painful muscle spasms through worry. Her phone keeps pinging all through the day…sign into your uc account there is a message over and over, which is just another useless job advertisement. SHE CANNOT WORK! I am her full time carer….do I have to chisel it in stone and drop it on their heads!! The system is devoid of empathy for the disabled community and a ridiculous long winded red tape nonsense.

We have also been told, when she returns this large document WCA it maybe months before a decision is made. In the meantime she has to go on explaining why she can't apply for jobs and justify her disability. It makes both of us feel unwell and treated unfairly with all the stress. I really hate this government and how they continually target the disabled. 😔

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Comments

OverlyAnxious

Hi,

It is true that PIP counts for nothing within UC. And a fit note only triggers the Work Capability Assessment process. PIP is about daily life, UC is about work, the criteria is very different for both of these benefits so one doesn't entitle you to the other.

If your partner has never had a WCA before then they will be classed as a Job Seeker until that process is completed. However…their Work Coach does have the discretion to reduce work search commitments in cases where the person is clearly unable to work. In this case it sounds like the Work Coach is not listening or not understanding. I would recommend asking the Job Centre to change to a different Work Coach who will hopefully be more understanding. Your partner will still need to the complete the WCA process though, just to manage expectation.

Freedom1

My partner had a WCA before 5 years ago.

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/1083004#Comment_1083004

The first post said this was a new claim for UC. Are they actually migrating from ESA instead?

If they are migrating from ESA then they are automatically entitled to the equivalent group without a WCA. For example, if they were in the Support Group, they should be put straight into the LCWRA group of UC.

Kimi87

Was the WCA for PIP or ESA?

If the latter, what was the outcome and status as of when you applied for UC?

Rachel_Scope

Hi @Freedom1, sorry you're both having to go through this. OverlyAnxious has given some great advice there. I'd suggest asking for a new Work Coach too.

How long was the Fit Note for? When one expires you need to get another one. This needs to continue until they make their assessment. Here's some information https://www.gov.uk/health-conditions-disability-universal-credit/report-health-condition-disability

Purplesheep

I have a work coach at UC having gone in to the office with a walking stick and sat at the desk marked fir people with disabilities.

I dont need to look for work, a sick note is enough.

I have arthritis and fibromyalgia in my knees and hips but dress myself and do things for myself

However a sick note is all I need to provide. I started giving them in March 25 and having been given a Capcity for Work form after 3 sick notes, I finally had a phonecall with lots of questions last week (October ). The lady asked different questions to the PiP enquiry but sid there is a wait for the form to be checked and finalised. Not sure how long. Still waiting.

Freedom1

Let me just clarify. We were on UC previously, but had an over payment we had to pay back. So they closed the original claim and we payed back what they said we owed, but then had to start a fresh UC claim. Originaly at the time of the first claim we saw the work coach in person I believe, we have already seen one person who took all the details, but were asked pretty much the same things again with the work coach over the phone this time, but now she has to wait for this document, and once returned we are told it can take months to hear back. In the meantime it just seems silly and stressfull for her to keep having to check the jobs they post when she cannot work and has the fit note to say so, and she gets the higher rate of pip. Just seems unnecessary red tape. What was the point in them booking another appointment in December for an agent to ask what steps has she taken to increase her chances of work?

Btw her fit note is for six months but her Doctor has since said when we spoke to her recently she can write a perminant (100 years) fit note for her if she wishes.

There are no steps she can take to increase her chances of work, because she cannot work, her disability means she relies totaly on me to help her.

Rachel_Scope

I agree it all seems silly and unnecessarily stressful. I think sometimes processes tend to come before common sense. The Dr seems very supportive so that's good.

Just to clarify, I know you can get a long-term fit note but does the appointment in December line up with when the current fit note will run out? I'm wondering if they'll cancel the appointment if they receive another fit note.

Kimi87

I would speak to a local welfare rights organisation, as under certain circumstances if UC is reclaimed within 6 months, the previous LCWRA status can be added without a new WCA.

https://advicefinder.turn2us.org.uk/

Freedom1

https://forum.scope.org.uk/discussion/comment/1083048#Comment_1083048

We thought we had read somewhere before we reaplied we wouldn't have to go through all this heavy reapplication again within six months. But it seems not as once they close your UC account its like starting a fresh. I was even asked why we were applying now and explained how we recieved it before but it was closed as we had an overpayment on the review, which we had to pay back. That was stressfull. Took 6 months for them doing that and us worried sick how we were going to pay back any over payment.

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/1083071#Comment_1083071

Ah, this makes more sense now.

Unfortunately it is correct that if a UC claim is closed then the WCA status is lost.

The usual exception to that is if it's been closed due to excess earnings from work. Then you can make a rapid reclaim and keep the WCA status if those earnings drop within 6 months.

However, this doesn't apply to claims that are closed due to excess savings, which I assume is what's happened in this case? Doesn't seem fair to me, but that's how it is. There is a workaround here, although it's too late this time. If you make a claim for New Style ESA while still claiming UC, then you will be refused NS ESA payments, but crucially will still get the non-means tested NI credits. Those credits don't stop when UC stops, so you can restart UC in future and keep the WCA original WCA status. That is the theory at least…I'm still yet to see anyone actually complete this process to prove that it definitely works.

There is no harm in seeking further advice as Kimi suggests, but if the claim was closed due to savings then I think this is correct procedure unfortunately.