Need some help

Adrian_Scope

Hi @avakarlsson. Unfortunately it means they’ve found you fit for work so you’re not in either group. Does the letter have appeal information on it?

avakarlsson

Yes it has mandatory reconsideration and appeal on it 

avakarlsson

I am phoning them up now 

avakarlsson

Hopefully when I get through they will explain to me why as I’ve never done this before and I sent in letters from my consultants, talking therapies I go to, 

avakarlsson

And when I had my assessment last Saturday I told her I sent in info and I told the assessor. 

poppy123456

I'm sorry to hear this. When you filled out the form, did you put as much information as possible about how your conditions affect you? You did fill in and return the form quite quickly, if i remember correctly.

Did you take a look through the links i posted on another thread of yours with the descriptors for both groups?

For the work capability assessment they assess your ability to do any type of work, not just the work you used to do. This is because it's about the work you can do and not the work you can't do.

I'll post the link again here. Please read it carefully.  LCWRA descriptor details here https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

LCW descriptors here. **Please note*** although it states work related activity group this is the same as LCW.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors

You now have 1 month from the date of the decision to request the MR, which you should put in writing stating which group you think you should be in and your reasons why. I'd advise you to get some face to face advice from an agency near you.

Do be aware that most MR decisions remain the same and you'll likely have to take it to Tribunal.

Good luck.

Adrian_Scope

When you get through to them ask for a copy of the assessment report, it’ll help you with the appeal @avakarlsson.

avakarlsson

I phoned them and asked for mandatory reconsideration and the girl said she will write the notes on my account how I feel etc and she said you can write on your journal too why you don’t agree etc 

poppy123456

I would advise you to write it on your Journal and to also put the reasons why you think you should be given LCWRA. Before doing this please take a look at the link i posted in my comment above and this will help you to know what the descriptors are. Also put your postcode into this link to see what advice agency is local to you so that you can get some face to face help and advice with the process. https://advicelocal.uk/

avakarlsson

Thank you Poppy for the information much appreciated, I have written on my journal to them about how I feel and why, I had help from my parents to help me do it 

avakarlsson

I have wrote it all on my journal now just waiting for it to be mandatory reconsideration, hopefully it won’t take too long.  

poppy123456

Did you read the links with the descriptors on that i posted? You really should do that so you can try to understand the process a little more.

avakarlsson

Yes I did as listed each step down for example like moving from one chair to another then how I said how I manage and struggle etc and I did that for all of them. 

avakarlsson

Soon I will be seeing my manager about my second occupational health assessment then she will either say come back to work or dismiss me on ill health grounds 

poppy123456

Please be aware that if you're dismissed through ill health grounds then this will not help your claim for limited capability for work. This is because for LCW then it's not just about the work you used to do, it's about your ability to do any type of work.

The MR timescales can be anything up to 10 weeks, sometimes longer depending on backlog in your area.

Good luck.

avakarlsson

So if they dismissed me on ill health grounds would I be on LCRWA and never be able to have a job again? 

Ami2301

@poppy123456 has stated that if you are dismissed due to I'll health, this will not help your claim nor automatically place you in LCWRA.

avakarlsson

Oh I see

I thought if you get dismissed on ill health you get the LWCRA

poppy123456

No and i did advise you on this previously. I did advise that the work capability assessment is about the work you can do and not the work you can't do. This means that they will assess you're ability to do any type of work.

May i ask what evidence you sent to support your claim?

avakarlsson

The evidence I sent is the consultant letter from my hip appointment on the 9th Dec, my rheumatologist letter from September and my talking therapies letter and the questionnaire and I added notes on separate pieces of paper.