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Am I likely to be judged temporarily unfit for work?

Roxyloulou

Hello I’m hoping someone can give me some advice please.
My GP has signed me off sick from my job since November I’m awaiting a knee replacement operation soon hopefully in the next 2-3 months. I’ve had my work capable appointment they have come back and said I’m fit for some work. I’m a care assistant at present I can’t do that due to swollen painful knees and using a walking stick. I’ve NVQ 3 and have been in this job for 3 years the hours are good as I’m a single parent of 2 on universal Credits.
I am only 42 and My consultant wouldn’t be doing my knee surgery unless I didn’t need it. I’m bone on bone on. I struggle with pain day and night and take strong pain relief to get me through the day. When I told them I can’t do my current job as I’m on my feet all shift it’s a busy home. They said I need to look for another job! I don’t want another job I love my job. And once I’m fit I will be going back. I can’t see another employer giving me a job that I have no experience in as I’ve done all aspects of care all my working life. Not just that who’s going to give someone a job knowing in 2-3 months or sooner they are going to be having a operation which will result in being off for 3 months. Then once fit I will be going back to my care job!! I only want to be temporary unfit for work is that such a thing?

I’m going to appeal the decision. Am I likely to get a temporary unfit for work. I’m going stir crazy at home I want to be back at work but I’m in a great deal of pain. How can they ignore what the GP has said?

Any advise will be greatly received.
Thank you

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Comments

poppy123456

HI and welcome,

The work capability assessment is not about not being able to do your current job, it's about being able to do any type of work and this is what they will assess you're ability to do. It's because it's not about the work you can't do, it's about the work you can do and this is what they will look at.

You need to look at the descriptor for both LCW and LCWRA and see which, if any apply to you and if they don't apply to you then there's very little point in requesting the MR and Tribunal. My advice will be to speak to an advice agency near you for face to face advice/help and support. Before doing that you'll be able to see the descriptors for both groups here in these links.

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3903-limited-capability-for-work

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

If you do decide to go ahead with this then your first step is to request the mandatory reconsideration (MR) if that fails and most do its Tribunal after that. Waiting times for hearings are huge across most of the country and lots of people are waiting about a year for a hearing date.

janer1967

Hello and welcome to the community, Poppy has already given you lots of advice to get your head around. Have you discussed the outcome with your work coach as they are the one to set out what you work commitments will be and take into account your current circumstances.

Roxyloulou

I’ve a appointment with him but not until 20th April.

lidia

Hello

I need some advise regarding the NVQ3 assessment, I am on sick absence due my health condition of fibromyalgia and is required more time to recover.

I need to request time of my training.

My coach told me to request a break in learning could be up to 12 weeks.

My question is how much time can I request?

There is another option that is a total withdraw from the course.

My question is if I choose the total withdraw can I be dismissed from my job?

Thank you

poppy123456

https://forum.scope.org.uk/discussion/comment/904482#Comment_904482

This thread is from 2020 that you've posted on and I'm afraid I'm unable to advise with your question. It would be better if you could start your own thread with your question and then it won't get caught up and forgotten about on someone else's thread.