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Limited Capability For Work

Barrylad1957Barrylad1957 Member Posts: 100 Courageous
@BenefitsTrainingCo, hello, I am new to the group, and reasonably new to the world of claiming/entitlement to benefits. I am currently signed off sick (just submitted a six month 'fit' note) whilst claiming Universal Credit. I was initially made unfit for work (given a 'fit' note) by my GP in January of this year. I was told then by jobcentre that, if I was found to have LCW or LCWWRA at the Work Capability Assessment (which I was told would be after 13 weeks "or so", but no signs yet) I would get an increase in weekly amount of benefit. Now, I am being told by an advocate from our social landlord that they stopped this in April of this year, and that, even though I was an existing claimant, with a 'fit' note submitted prior to the cut off date of April 3rd 2017, that I will not get the increase; the 'welfare advisor' at a group I attend says that is wrong and that I will receive the extra component. I cant find anything online which states clearly yes or no, and was wondering if you could shed any light on the matter please?

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Barrylad1957,

    If your period of limited capability for work (demonstrated by your fit note) started before 3 April 2017, and you are found to have limited capability at the assessment, then you will get the extra component. Another possibility is that you will be found to have limited capability for work-related activity (which means you can't be required to do anything to get your UC, not even attend interviews at the Jobcentre) - in that case, you would get a higher component (which was not abolished in April).

    As long are your fit notes (medical certificates) cover you for the whole period from before the change, you should get one or the other component, unless you are not found to have limited capability for work at all. 

    I would just make sure (by informing your work coach, in your online journal if you have one or in writing) that you have told the DWP you consider you have limited capability for work and you want an assessment. They should send you a UC50 if they haven't already done so (a questionnaire about what you can and cannot do). The DWP have a habit sometimes of leaving people on UC on their fit notes without referring them to an assessment, so I would just make sure that this isn't happening to you. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Barrylad1957Barrylad1957 Member Posts: 100 Courageous
    @BenefitsTrainingCo
    Thank you, Will. This is a great help, and I am very grateful to you. I was given a UC50 back in March (maybe early April?) of this year, which I did fill in and send back; I have since, received letters from the Medical Assessment Centre (?) telling me that they had received it and that I would get an assessment locally 'over the next few weeks' - that was late April. 2 weeks later, I received a 2nd letter from them, stating that they hadn't received my form.... I rang them, and they told me, yes, they had received my form, and nobody knew why I'd received the 2nd letter.... that was sixteen weeks ago.
    Yes Will, my sick notes do cover me for the entire year thus far. Thank you again, for your help and advice with this; there isnt a lot of real advice available regarding UC at this time. As I told @Debbie_Scope in another post this morning, I would be more than happy to share my experiences here with everybody.
    Baz
  • [Deleted User][Deleted User] Posts: 689 Listener
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  • Barrylad1957Barrylad1957 Member Posts: 100 Courageous
    I know what you mean, @DannyMoore, about people abusing the system. I suppose thats a small part of what has made it so difficult for those in genuine need to get help.
    I've been moved into adapted accomodation now, and more than half of my neighbours are genuinely disabled - some of them far worse off than I am, physically and mentally - yet it seems to be a constant battle for them to get the financial support they desperately need and absolutely rely on, and some of them have attended assessments for work capability and PIP, and had the most outrageously dishonest re interpretations of their conditions carried out by a smiling, outwardly sympathetic and friendly HCP. I left school in 1973, and it was 2016 before I ever found myself in a position where I needed benefit support;  I have never, at any time in my life, felt as guilty, or as if I'd done something really wrong, as I did when I walked into a jobcentre for the first time in November of last year. I go to the jobcentre every week, still, and every week, I see people who really should be at home being cared for trying to deal with the dismissive denial of work coaches. I've been relatively lucky with mine, she's quite patient and understanding, but not everyone is so fortunate. Whilst I agree with you that there are those who have abused or misused the benefit system, it has to be said that the last 'Labour' government and the coalition which followed it did those in our society who are in very real and genuine need no favours at all.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello Barrylad1957

    I am worried that your case has been overlooked.  Have you contacted the medical assessment centre recently and pointed out that you have yet to receive a medical assessment appointment date?. If you do not get anywhere with the assessment centre, contact UC and inform them that you have yet to receive an appointment date for your assessment. If this fails, please post again.

    Good luck

    Maria

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • shell63shell63 Member Posts: 15 Listener
    Hi I was on incapacity and DLA..I failed my face to face after being on these benefits for several years..my problems getting worse and nobody can BELEIVE I had to go job center every week, even my coach realised I was not job worthy and very unreliable I had to cancel three meetings and if I cancelled another I would lose my money..cause I had received my tribunal letter they changed my benefit so I did not need to go j center but I lost £130.00 a month so like I said I lost my case, I was so nervous and for got to mention loads ove things I was first in and the two ove them were so unfriendly I new Wen I came out I had lost..any way since then I have had another face to face.( I did not mention that I had allready had one.) So just waiting to see what happens..PS my money never changed after I lost tribunal and never got a letter telling me what I should do next..so confused with it all I really don't think they no what they are doing...thanks..
  • Barrylad1957Barrylad1957 Member Posts: 100 Courageous
    @BenefitsTrainingCo
    Hello Maria, yes, I have contacted the dwp, told my work coach and rang the medical assessment people; they told me that it was in process - even told me where the WCA was going to be held - but couldnt give me a date, or even a timescale. All they would tell me was, that there is an extremely long waiting list, and that it was most likely that I would get my PIP assessment (which I applied for in July) before I get a date for the WCA! Odd, but true. In better news, my work coach told me today that she'd received confirmation that I would receive the extra UC component if found to have Limited Capability for Work, as I've had sick notes in since the beginning of this year, which pre dates the April 2017 cut off. Which is nice.
    @shell63, thats a bit of a ****, mate. I've met a few people locally who have lost benefits theyve been on for years (after dubious assessments), but theyve all had them restored after appeal, so good luck mate. Its odd that these 'assessor assassins' who are gleefully taking means of self support from people who are desperately unwell are not being called to account for their misrepresentation of factual medical info, and, in some cases, for actually lying to get benefits withdrawn. Everywhere Ive ever worked, if an individual representing the company lies, cheats, or misrepresents, they get the sack. End of story. Again, good luck to you, I hope it all gets worked out.
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