Found fit for work

Barry3818

Hi I receive pip and had a wca assessment I have received a letter on journal saying I can do some work I have osteoarthritis of the hip my left hip is severe I also have basitus I cannot walk far as I cry with the pain I use crutches and sometimes stay in bed wen pains bad I need a new hip physio discharged me as he said there's nothing he could do I need a new hip

poppy123456

HI and welcome,

When you say you received a messaged on your journal saying you can do some work, are you saying you were found fit for work? Once you've answered that i'll help you further.

chiarieds

Hi @Barry3818 - Welcome to the community 'tho I'm sorry to read about your physical problems.

I hope you answer Poppy's question as she has a great understanding of benefits, & will certainly be able to advise you.

I have osteoarthrosis too, & have had episodes of hip bursitis, which certainly is very painful indeed. I was just wondering if you're on the waiting list for a hip replacement? If not, does your GP know how bad things are for you, & that your physio is unable to help further? I used to work as a physio a long time ago, so have some understanding from 'both sides of the fence' so to speak......having treated people with arthritis, & now having suffered it myself for 25+ years!

Barry3818

I'm only 46 so the doctor said am to young I get very down cos I can't do the things I used to tablets don't work

poppy123456

I see you posted on my wall and said you've been found fit for work after the work capability assessment. Unfortunately, claiming PIP doesn't automatically entitle you to limited capability for work.

Your next step is to request the Mandatory Reconsideration, which you should put in writing. You should state which group you think you should be placed into and your reasons why. You have 1 month from the date of the decision to request this. If you were previously sending in fit notes then these will no longer be accepted.

Here's some links that will tell you what the descriptors are for each of the 2 groups. https://www.turn2us.org.uk/Your-Situation/Ill-Injured-or-Disabled/Universal-Credit-Capability-for-work-assessment

If you are claiming for a physical condition and you think the mobilising descriptor applies to you then do be aware that they will take into consideration your ability to use a self propel wheelchair.

Please also see this link here, which better explains the descriptors for LCW, even though the link states WRAG, LCW is exactly the same. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors

This link here better explains the LCWRA descriptors. Even though it states Support Group, LCWRA is exactly the same.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

For LCW you need to score at least 15 points. For LCWRA then you need to satisfy at least one of the descriptors the majority of the time.

OR if none of those descriptors apply to you, have a look at substantial risk here. https://cpag.org.uk/welfare-rights/resources/article/making-exception

REG29 is LCW and Reg 35 is LCWRA.

Do be aware that most MR decisions remain the same so you'll very likely have to take it to Tribunal. Appearing in person will give you the best chance of a decision in your favour but the waiting times for hearings are huge and a lot of people are waiting as long as 1 year for a hearing date.

If you're unable to do all of this alone then i'd advice you to get some expert face to face advice and help from a local advice agency near you. Put your postcode into this link and it will tell you what's available in your local area.

https://advicelocal.uk/

I know it's an awful lot to take in but i hope i've at least managed to help and advise you a little. Good luck.

Barry3818

Thankyou I don't understand it all as I've never been in this situation before I'll have to speak to someone like you said

chiarieds

Thank you for your message on my wall too. I see that my friend Poppy has advised you further which I'm sure you'll find helpful.

I'm pleased to read you're going to see your GP, as I was just going to suggest that to see if he can better help with your medication. I know I tried lots of different meds in my case, many of which often had little effect; pain can be a difficult thing to manage. I'm sorry you're facing this at such a young age, & hope your GP will indeed be able to help.

Barry3818

Thankyou I am taking tramadol ibuprofen and paracetamol also use voltrol but not working

poppy123456

Barry3818 said:

Thankyou I don't understand it all as I've never been in this situation before I'll have to speak to someone like you said

You're welcome. I would advise you to do that ASAP because you only have 1 month from the date of the decision to request the mandatory reconsideration. Have you put your postcode into the link i provider above to see what advice agency is local to you?

chiarieds

Hi @Barry3818 - How did things go with your GP today?

Chloe_Scope

Hi @Barry3818, how are things going?

Barry3818

I asked for a mantory reconsideration yesterday I heard back declined so I am no better off

Barry3818

Also been back to doctors gave me gabapentin tablets

poppy123456

Barry3818 said:

I asked for a mantory reconsideration yesterday I heard back declined so I am no better off

Wow that was the quickest MR decision i've ever heard. Is the decision letter uploaded onto your journal?

Barry3818

Yes on my journal what do I do now 

Chloe_Scope

Hi @Barry3818, do you know why you were declined? I hope the medications helps a little!

Barry3818

They just said they had looked at the evidence 

poppy123456

Your next step is to request the Tribunal by filling in the SSCS1 form. You can either download the form online or do it online here and it also tells you what you need to do. https://www.gov.uk/appeal-benefit-decision/submit-appeal