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What happens now I have been to court

janer1967

Hi
I have recently been to court to appeal dwp decision on capability to work and court ruled in my favour and awarded limited capability for work related activity. What happens now will I be awarded additional universal credit payment

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michfinch

Let me know how you get on. I’m in the middle of a farce with DWP - UC, ESA and PIP. Well done.

poppy123456

janer1967 said:

Hi
I have recently been to court to appeal dwp decision on capability to work and court ruled in my favour and awarded limited capability for work related activity. What happens now will I be awarded additional universal credit payment

HI,

Great news!!

Yes, you'll receive the LCWRA extra element of £328 per month, back dated to the 4th month of your claim starting from when you sent in your first fit/sick note. It can take 8 weeks to receive backdated money and if you're still sending in the fit notes then you'll need to continue to do that until DWP send you the award letter.

janer1967

Hi poppy
Thanks for your reply. I was told I no longer had to send in fit notes as the decision dwp made was that I was fit for work which is what I appealed against. Will I have to provide back dated fit notes

poppy123456

Didn't you continue to send in the fit notes even after you were found fit for work? You should have continues to send them.

janer1967

No I was told by my work coach to no longer send them as I was considered fit for work until the court decision was made the last one I sent covered me till 3rd Dec

michfinch

I’m going through exactly the same thing. Plus Appeals for PIP and ESA. Continue to see your Dr and send in your Fit Notes. Use your online journal to keep notes of everything, how you are feeling, Fit Note sent off (keep a copy in case they don’t send the original back) etc etc. No one at the DWP knows what to do with me! My Specialist says because of worsening Epilepsy and Memory Problems I am struggling and the DWP asked me to be seen by a Psycologist from one of their Depts, Momentum Skills, on a weekly basis, who has written to say I am unfit for for work and we sent that off to the DWP and both Tribunals. However, now my complaints are Escalating the Psycologist says I must attend a Group Therapy Session instead of 1:1. Despite everything I am asked to attend, now by phone, interviews with my Work Search Coach, who notes my Fit Notes and who does, sometimes, turn off the need to find work button. Good Luck with this tangled web of mystery called the DWP. Keep in touch.

janer1967

Hi
Yes my case has been going on for year. I had my leg amputated hence my reason for not being able to work . It has been nightmare not only dealing with life changing disability but losing my home and all the stress dwp have put me through is pretty clear I have disability. But hopefully now court have overturned dwp I can put it all behind me till they reassess

poppy123456

janer1967 said:

No I was told by my work coach to no longer send them as I was considered fit for work until the court decision was made the last one I sent covered me till 3rd Dec

As the Tribunal decision was only recently made then you'll need to continue to send those fit notes until you receive the award letter from DWP. If you haven't sent one since Dec then it will need to be backdated until then, otherwise they may not pay you all the money they owe you.

DWP do have the same chance we do to appeal the decision but to do this they must first request the statement of reasons. Once that's received they have to find an error in law, otherwise they can't appeal the decision. They do sometimes request this but it doesn't mean they're appealing. If they do request it they'll write to tell you.

michfinch

Keep sending the Fit Notes in no matter.... and keep a copy of them, even if just a picture on your phone or a duplicate from your Dr.

poppy123456

Once DWP send you the award letter then you won't have to continue to send in the fit notes.