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Unfit for work

Tinabean16

hi
I have been on UC for 13 months, my Fitnote was fit for some work. As from the 1st of March 2019 my Dr has put me unfit for work indefinitely. What happens now? do I have to go to a Fit for work Assessment?
Tina

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poppy123456

Hi,

When did you first send in a fit note? and have you been referred for a work capability assessment yet? If you've been sending them in since you claimed then you should have been referred a long time ago.

Tinabean16

Hi Poppy123456
the first fitnote I submitted back in January 2018, my Dr put I was fit for some work indefinitely. I had to attend a work Capability Assessment and was put in the group where I had to look for work for 16 hours. My Dr has finally put down that I am unfit for work since the 1st of this month.
Tina

poppy123456

You were given LCW after the assessment. A fit note isn't needed now because they've already decided you have limited capability for work. If your condition has got worse then you can report a worsening of condition and then another work capability assessment form will be sent to you and the process will start again. Another face to face assessment will most likely be needed and you'll need evidence to support your claim. If the decision is LCWRA then your work commitments will be turned off and you'll receive the extra £328 per month.

Please be aware that you do risk losing the award you already have by reporting a worsening condition and they could either find you fit for work, remain in the same group you're already in or be awarded LCWRA.

Here's the descriptors for LCWRA i'd advise you to look to see if any of the apply to you. Scroll to the bottim of the link where is says limited capability for work related activity and it will explain it to you.

https://www.turn2us.org.uk/Your-Situation/Ill-Injured-or-Disabled/Universal-Credit-Capability-for-work-assessment

Tinabean16

Hi poppy123456
my new fit note is for a different condition.
Tina

poppy123456

It doesn't make any difference. You already have a limited capability for work and another fit note isn't needed. If your condition has got worse you can report a worsening condition.

Tinabean16

Hi poppy123456
Thank you for your help.
Tina

Tinabean16

Went to Universal Credit Appeal the letter I received today says my appeal is refused and I don’t have LCW. The panel accepted that I have depression, I actually have chronic depression. My granddaughter sent an email for me before the appeal date stating my circumstances had changed. My Dr has given me a fit note clearly stating that I am unfit to work, surely they should have acted on this document. I now have an hearing aid and I am awaiting an appointment to see if I have Menere disease.
Tina

Tinabean16

The panel said they never received the new evidence that was emailed to them.

paul93

Dear poppy123456
I am at the moment on UC but my ESA MR is going on because my local MP is involved and i have made the complained of the nurse who assessed me to Nursing and Midwifery Council.
Last time on 6th 0f March i went to the job centre and my work coach told me just send the sick note and you dont have to attend in job centre if they want they can take interview by phone she knows that i have so many medical issues so will i get some extra money or not if you can clear me that please.Thanks

poppy123456

Tinabean16 said:

Went to Universal Credit Appeal the letter I received today says my appeal is refused and I don’t have LCW. The panel accepted that I have depression, I actually have chronic depression. My granddaughter sent an email for me before the appeal date stating my circumstances had changed. My Dr has given me a fit note clearly stating that I am unfit to work, surely they should have acted on this document. I now have an hearing aid and I am awaiting an appointment to see if I have Menere disease.
Tina

Unfortunately, the Tribunal won't take into consideration any worsening of condition. They would have only taken into consideration what you were like at the time the original decision was made by the DWP.

The fit note that you had from your GP doesn't automatically qualify you for LCW. As the Tribunal have decided that you're fit for work then this will overrule the fit note.

You can request the statement of reasons within 1 month from the date of the decision and for this you need to email the Tribunal. Once you receive this you need to find someone to take a look to see if there's been an error in law made. If no error in law has been made then you won't be able to appeal the decision.

You can in the future put in another fit note BUT this must either be for a worsening condition or for a totally different condition to what you originally claimed for. You should get some expert advice from an advice centre near you once you receive the statement of reasons.

poppy123456

paul93 said:

Dear poppy123456
I am at the moment on UC but my ESA MR is going on because my local MP is involved and i have made the complained of the nurse who assessed me to Nursing and Midwifery Council.
Last time on 6th 0f March i went to the job centre and my work coach told me just send the sick note and you dont have to attend in job centre if they want they can take interview by phone she knows that i have so many medical issues so will i get some extra money or not if you can clear me that please.Thanks

Hi,

No you won't receive any extra money until either you're assessed as having limited capability for work related activity. Or your ESA MR decision changes and you're placed into the Support Group (LCWRA)

At the moment you just have a very understanding work coach, which is a good thing.

paul93

Yes poppy 123456
She was really good and very much helpful what do you think do they want me to assess again for UC or what is going to happen?
Thanks

Tinabean16

Hi Poppy123456

i don’t understand how a tribunal cane overrule a decision from a practice GP. Why do the universal credit ask for these fit notes if they are not paying full attention to them. Waste of Drs time and the patients time. My work coach advised me to take my new fit note to the tribunal. My mental health has changed since the initial work assessment, am struggling with all of this.
Thank you Poppy123456 for your help.
Tina

poppy123456

paul93 said:

Yes poppy 123456
She was really good and very much helpful what do you think do they want me to assess again for UC or what is going to happen?
Thanks

Yes you will be re-assessed and your work coach will refer you for a work capability assessment. You can't be given LCW without being assessed. The procedure is the same as ESA was and you'll need evidence to support your claim.

poppy123456

Tinabean16 said:

Hi Poppy123456

i don’t understand how a tribunal cane overrule a decision from a practice GP. Why do the universal credit ask for these fit notes if they are not paying full attention to them. Waste of Drs time and the patients time. My work coach advised me to take my new fit note to the tribunal. My mental health has changed since the initial work assessment, am struggling with all of this.
Thank you Poppy123456 for your help.
Tina

You're welcome.

A fit note is not classed as evidence by the Tribunal and as i advised, your worsening condition wouldn't have been taken into consideration.

Please get some face to face advice because sending in another fit note for a worsening condition and starting the whole process over again could see you being found fit for work for the 2nd time if you use the same evidence you previously used.

Tinabean16

Thank you Poppy123456
you have been very helpful.
tina

poppy123456

You're welcome.

paul93

Thank you poppy123456

paul93

Dear poppy123456
In one hand they are paying me PIP standard and mobility other hand stopped ESA now paying UC and work coach says i dont need to see them they can call me on the phone can you understand what they are doing with me.Thanks

poppy123456

Makes no sense you're right but at the moment you just have a very understanding work coach will can happen.

Have you been referred for a work capability assessment? If so have you filled out and returned the UC50 form with all your evidence? You can't be given LCW or LCWRA until you've been assessed and a decision is made by a case manager.