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work capability assessment, I dont know if anyone can advise on this but dont know who else toturnto

michael_mmichael_m Member Posts: 6 Listener
Hi everyone
Is there anyone who can advise me on the following
I have been waiting for a work capability assessment now for the best part of 18 months (literally)
I have not received a appointment letter to come in for the assessment, I know there would be delays due to the covid situation but surely not this long. I am considering asking the dwp (via my journal) to find out why this is taking so long but I am literally scared the dwp would say if its taken THAT long we dont believe you have REALLY posted back the wca form (I assure you all I most definatley DID post it back but as I didnt get proof of postage I cant prove that I posted it back as I just popped it in the post box). I would then be worried the dwp would say as you havent posted the form back (in their opionion) we consider you to have not being entitled to uc for the last 18 months and are going to procecute you for benefit fraud. It must be noted my advisor cancelled all my work search requirements while I am awaiting this wca assessment. I have also not provided a fit note for over a year but wish to make it clear the dwp HAVEN'T asked me to provide one. I have a medically recognized neurological disorder that limits my outdoors mobility (I have to use a wheelchair to get out and about outdoors) but have a limited capacity to walk indoors.

Replies

  • janer1967janer1967 Community champion Posts: 7,450 Disability Gamechanger
    Hi and welcome 

    You really need to sort this out . 

    How can you be accused of fraud as I presume you are not getting any extra payment as you haven't been assessed 

    You may have an issue having not been submitting fit notes for the whole period you want to claim have you not had a reminder on your journal when the last one ran out ? 

    The longer you leave it the longer it will take to get sorted they wont just miraculously get in touch with you if it has been this long 

    Did you keep a copy of your form you sent along with any evidence as this will have date on at least 

    I would call them rather than enquire through your journal at least then you can explain it all and get a response 
  • calcotticalcotti Member Posts: 486 Pioneering
    michael_m said:.. I would then be worried the dwp would say as you havent posted the form back (in their opionion) we consider you to have not being entitled to uc for the last 18 months and are going to procecute you for benefit fraud. 
    The WCA is to find out if you are entitled to additional money in your UC. Even if you didn't return the form that wouldn't mean you aren't entitled to the money you have already been paid. Please put that fear out of your head.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • mikehughescqmikehughescq Member Posts: 5,392 Disability Gamechanger
    Put your mind at ease. This is a well known and growing issue. You need to get yourself a WRO who can initiate a complaint/letter before action. Also, familiarise yourself with the CPAG early warning system.
  • michael_mmichael_m Member Posts: 6 Listener
    Hi everyone, thanks to all for your replies.
    My concern about fraud was because of the following
    I have not done a jobsearch since I had applied for a wca, my advisor suspended all my work search requirements and updated my claimant commitment to reflect this. (I have not heard from my advisor for over a year, I suspect he has probably left and no-one else has has been assigned as my work roach but this is only an assumption) Hence I have not done a jobsearch because my advisor told me I didnt need to and updated my claimant commitment to reflect this. He did this as I have applied for a wca at his sugestion (he could see how I could barley walk in the jobcentre and eventually ended up in a wheelchair) but as it has been so long without getting a reply for a wca appointment the dwp may say your jobsearch requirments were suspended on the basis you had applied for a wca and we dont believe you have so you should have been doing a jobsearch for all that time and as I hadnt that constitutes benefit fraud. After my last fit note expired I didnt receive any notification in my journal to get another one. Also I have not received any payments other than my uc since awaiting the wca.
  • calcotticalcotti Member Posts: 486 Pioneering
    michael_m said:
    ...it has been so long without getting a reply for a wca appointment the dwp may say your jobsearch requirments were suspended on the basis you had applied for a wca and we dont believe you have so you should have been doing a jobsearch for all that time and as I hadnt that constitutes benefit fraud. 
    You say your Claimant Commitment was amended to exclude any work search requirements. You cannot be sanctioned for not doing something you are not required to do.
    Note also that even if sanctions were applicable this doesn’t make the claim fraudulent. Please get the idea of fraud out of her head.
    michael_m said:
    After my last fit note expired I didnt receive any notification in my journal to get another one. 
    In my opinion, until a WCA takes place, it is prudent for you to keep supplying Fit Notes so there are no gaps. You should only stop when you are told you no longer need to.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • LeelinkLeelink Member Posts: 16 Connected
    Im in the same boat as you. Been waiting for an assessment for WCA since Dec 2019 (Form sent back March 2020) Im guessing since my issues are mainly communication the phone call assessment they would do is not an option and they haven't got enough evidence to do a paper based assessment. My commitments mention research jobs so i do keep looking and leave like a weekly note but it doesn't get any response to. I just keep handing in fit notes when needed to and await the day things get more back to normal for an assessment.
  • janer1967janer1967 Community champion Posts: 7,450 Disability Gamechanger
    @michael_m

    I know you have some fears but you need to bite the bullet and just do something about it or the worry will not go away 

    Call them and see what is happening you are entitled to UC without the WCA so there is no fraud as you are doing all they ask 
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