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Work capability assessment decision.

YanisYanis Member Posts: 5 Listener
in Universal Credit
Hello, I was supposed to have a WCA but at the time was in hospital.I had a hip replacement op due to secondary cancer in the head of the Femur.They are investigating the primary source,which is somewhere in my Torso. Also I have a large shadow on my lower left lung.So, my SSP ran out and my employers sent me the paperwork for ESA. This I passed onto Universal credit on 02/10/18,as I was claiming and receiving rent allowance of  £226 per mnth. On the 04/10/18 ,I received WCA decision, stating that they had decided I have limited capability for work and work related activity.I no longer have to send sick notes.They wont ask me to search or prepare for work. They have given me £328.32 because of my disability,illness or health condition.I have applied for PIP and  had home visit 25/09/18 and will receive a decision within the next 6 weeks. My employers owe me approx £1450 holiday pay. Do I have to declare this ? Also , I shall never be able to resume my position within the company. The work involved long hours driving ,heavy lifting and carrying. There would not be a suitable alternative job within the company Please advise me as to what I should do ? I am 62 years of age and by the time I have recovered from my treatments ,I shall be of retirement age. Should I retire now on the grounds of my disability and ill health ? Please advise me as I am extremely confused as to what is happening and what I should do. Kind Regards Yanis
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Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I'm sorry to hear of all your problems! As it's Universal credit you're claiming then any holiday pay will be counted as income for an assessment period of UC. I'm assuming you'll receive a pay slip for the holiday pay from your employer yes? If so then this information will be passed onto HMRC and then to DWP.

    As for ill health retirement then no one can advise you about this on an internet forum because no one knows how your conditions affect you and your terms of employment. You should also never do anything until you've got expert advice in the long term, therefore i'd advise you to speak to your employer about your long term future plans and thoughts. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • YanisYanis Member Posts: 5 Listener
    Hello Poppy, thank you for your advice. It all makes sense.  Where do I seek the expert advice? Is citizens advice qualified or would I have to approach solicitors ? I probably sound like a dim-wit but I`m working through a medicinal haze. I hope your situation is bearable and tolerable. Thank you for your time. Take care.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Advisory, Conciliation and Arbitration Service, otherwise know as ACAS. These people are experts in all types of work place relations and employment law. Please take a look at this link http://www.acas.org.uk/index.aspx?articleid=1342
    You'll be able to ring them and they will give you all the advice you need. Good luck.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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