Confused On UC

Tinabean16

Hi 
I went for my work assessment tribunal and lost.  After a meeting today with my work coach she said I should do Volunteer work or go to college.  My Dr has put my fit note  unfit for work indefinitely. When I said to her about fit note she told me that volunteering wasn’t classed as working.  This is where the confusion comes in, i was Volunteering when I had the work assessment and because I was able to work it went against me in the assessment.  
Tina

Antonia_Alumni

Hi @Tinabean16 I am sorry to hear about the outcome of your tribunal. How are you doing today? You may want to contact your local CAB for advice and i'll tag in @BenefitsTrainingCo to hopefully shed some light on this.

BenefitsTrainingCo

Hi Tina

Your work related commitments will depend on the outcome of the work capability assessment. It is only people who have a "limited capability for work related activity" who are not required to complete "work related activity" (sometimes known as work preparation) which can include voluntary work. It is usually characterised in Employment and Support Allowance as being in the Support Group and it would appear that you have not received this outcome. It may be that you failed both parts of the test (which would make you available for work) or that you passed the first part only which would make you available for work related activity. Work related activity is about getting ready for work for a point in the future when your condition has changed, but it does not include work whilst your condition is the same. You should consider challenging the decision of course as many decisions are changed on appeal but in the mean time it is likely that you will have to complete work related activity (and possible look for work) which could include voluntary work. But if you are affected by a disability the Jobcentre should make reasonable adjustments and it is worth checking this.

Voluntary work should not be evidence of one's ability to work and if this was part of the decision maker's reasoning i would suggest you ask for a mandatory reconsideration and appeal if necessary.

David

Tinabean16

Hi Antonia Scope
thank you for your help.
tinao

Tinabean16

Hi David
Thank you for your help.
Tina

Tinabean16

Hi David 
I went to see my work coach and was told that because my health had changed that it was decided that I would be referred for another WPA.  Went I went into see my work coach on  Tuesday 25th June she told me I had to phone a number and ask for a WPA .
Is this the correct procedure as I am a bit confused.
Tina

poppy123456

HI,

I'm assuming you mean a WCA rather than a WPA? You need to ask your case manger to refer you for this. Once this is done you'll be sent a work capability assessment form.

I see your Tribunal decision went against you because you were volunteering for work. This can happen, especially if the work you do contradicts the reasons why you're claiming for Limited capability for work.

Tinabean16

Hi Poppy
My work coach said I have to ask for a WCA myself.  She gave me a number to phone.
Tina

poppy123456

That's not usually what happens. You don't refer yourself, your case manager refers you.

Adrian_Scope

Hello @Tinabean16. As Poppy mentioned you are usually referred by your case manager for a WCA. There's no harm in giving them a ring and discussing it but it isn't the usual procedure. Let us know what they say.