Fit for some sort of work?????

fatherinpain

hi all I’m new and after some advice. What does fit for some sort of work mean on work capability? I’m obviously appealing this and am outraged. Here’s why, I have daily chronic headaches, rheumatoid arthritis with joints flaring daily often multiple joints, also been signed of work for the last 12months after jolting my back and discovering I have dddwith hardly any fluid in 2 of my discs. I’m in constant pain and the only med for pain Is 90mg exotorib. Also whilst waiting for appeal do I still need to sent ffw notes to universal credit

poppy123456

HI,

I'm assuming the decision you had was limited capability for work (LCW) is this correct?

fatherinpain

Yes you are correct 

fatherinpain

No sorry I misread your post letter says I didn’t score 15points so I’m therefore fit to do some sort of work I called up as soon as I got letter to ask what sort of work I’m meant to do to be told I have to figure that out and if I don’t try to I’ll be sanctioned 

poppy123456

This means that you won't have to look for work but you will be expected to take reasonable steps to prepare for work, such as attending a skills assessment, preparing a CV, participating in training or an employment programme, and undertaking work experience or a work placement.

A sanction may be applied to your Universal Credit award if you fail to undertake work-related activity. This sanction may be imposed for a period until you meet the compliance condition that you failed, or for up to 26 weeks.

You will not need to send in any more fit notes if you decide to appeal. The first step to appeal is to request the Mandatory Reconsideration (MR) and you have 1 month from the date of the decision to request this.

You should put in writing what you disagree with and why you think you should have been given LCWRA. Have you taken a look at the descriptors for LCWRA? See link and scroll down the page to find them.

• at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
• your capability for work and work-related activity is limited; and
• it is not reasonable for you to carry out the activity.

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

For mobilising then they will look at your ability to use a self propel wheelchair too.

Only 19% of MR decisions change so you'll most likely have to take it to Tribunal. 71% of those who appear in person have a decision in their favour. Waiting times for Tribunals are huge across most of the country and it could take in excess of 1 year from when HMCTS accept the appeal.

fatherinpain

I’m already at appeal stage and am technically still employed but working zero hours, as without being bigheaded the boss thinks I’m good at what I do and has kept job open until fit enough to return

poppy123456

It's still worth looking at the descriptors if you haven't already done that. Good luck with the Tribunal.

fatherinpain

I can hardly walk at all without being in pain I can’t sit down or stand up for long periods without my back locking up I cannot lift anything as heavy as a bag of sugar without discomfort. And as for the headaches often so intense they make my eye leak like the feeling when you get pounced on the end of the nose. I should at the very least be on 27 points if I’m looking at the right scoring system 

poppy123456

You're looking at the wrong descriptors. LCWRA isn't about scoring points. It's about satisfy at least one of the descriptors the majority of the time that you carry out the activity. For mobilising then they will look at your ability to use a self propel wheelchair as well.

fatherinpain

Clearly is as letter states I didn’t score 15points how silly of me not to pick that up!! I think you should maybe read what I’ve written about what is actually wrong with me before typing in generic responses 

poppy123456

Pardon? As a community champion here on scope i'm trying to help you here, just like i give a lot of other people advice too.

LCWRA is not about scoring points, it's about satisfying at least one of the descriptors the majority of the time, which it does state that in the link i provided in a comment above.

poppy123456

As you didn't score 15 points needed for LCW then you could have been given this through substantial risk.

Substantial risk reg 31 for LCWRA is explained here. This may or may not apply to you. As i have no idea exactly how your conditions affect you then it's impossible to give advice which one may apply. For this then you would need to get face to face advice from an advice centre near you.

https://wcainfo.net/issues/substantial-risk-lcwra

fatherinpain

Try  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/535942/esa214-july-2016.pdf

fatherinpain

Up until the back injury I suffered in silence and knew nothing about benefits, now I have the domino effect from compensating for the back it has irritated the ra so much so that am now awaiting biologics

poppy123456

fatherinpain said:

Try  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/535942/esa214-july-2016.pdf

Thanks but i don't need a guide for work capability assessments. My advice about no points being needed for LCWRA still stands. I will leave you thread now because it seems like you don't need my advice. Good luck for your Tribunal.

poppy123456

Support Group is LCWRA link here explains those descriptors. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

fatherinpain

So how comes letter clearly states I didn’t score 15 points? I can find numerous info with the point scoring yet you seem to be finding bits without 

poppy123456

It's because you most likely were given LCW because of a substantial risk which isn't scoring points. For ESA it's regulation 29 for WRAG. i'm not sure what the regulation is called for UC LCW, it's the same thing though just a different number.

Substantial risk is explained here in this link. http://www.cpag.org.uk/content/making-exception. It's reg35 for Support Group reg 31 for LCWRA, both exactly the same thing.

The point scoring is for LCW/WRAG not for LCWRA/Support Group. Not everyone gains entry into the groups through the descriptors, lots of people gain entry through substantial risk reg 29/35.

fatherinpain

You’re link does not work 

fatherinpain

Also let’s give you today’s troubles left shoulder swollen painful can’t lift my arm past bottom rib, left knee swollen painful can bend it but makes pain more intense, slight niggle in left foot just behind toes so later on that will be bad as well right foot swollen. Then on top of that I have the back pain but hey I’m capable of some sort of work ?

poppy123456

I'm not sure why the link doesn't work for you, i clicked the link and it works fine for me. Here it is again. http://www.cpag.org.uk/content/making-exception

If it was limited capability work (LCW) you were given it doesn't mean you have to look for work and they don't expect you do that. They may ask you to attend appointments to prepare for work sometime in the future.

If you can't attend the appointments then i'd advise you to speak to your work coach and explain your conditions to him/her.  You do sometimes get some very understanding work coaches. If you don't like the one you have or they are not understanding and still expect you to attend appointments then you can request another work coach.

I can't advise you which descriptor may apply because i don't know exactly how your conditions affect you and it's impossible to give that advice on an internet forum. For this then you'll need face to face advice from an advice agency near you. This link will help you find what's in your area for help and advice for your Tribunal. https://advicelocal.uk/