Work Capability Phone Assessment

Chris2911

Hi,

Last year while at work I had an accident which resulted in me having to stop working and claiming universal credit. In August 2020 I was informed I needed to take part in a work capability assessment by telephone which I did. A few weeks later I received a letter stating the assessment couldn’t be completed until they seen me face to face. 

I provided all the evidence, GP letters, my orthopaedic consultant wrote to them, they were provided evidence of operations I require, anything I had was given to them.

I’ve been claiming benefits for nearly a year now and because they won’t make a decision I’m losing out on what I’m entitled too.

In contrast I also did a PIP assessment in September which after a mandatory reconsideration was approved, this assessment was also done by telephone and they exact same questions were asked.

I’m sure I’m one of many people in this situation but there must be something we can do to combat this outrageous injustice to people who are in the same situation.

Thanks

janer1967

Hi and welcome 

Yes lots are in the same situation f2f are starting again at the end of this month for people in your situation  so hopefully it won't be too long now 

It's no consultation  but if awarded you will get backpay from the 4th month 

PIP and wca are different with different criteria wca looks at your ability to carry out work PIP I'd about daily living tasks 

Cher_Alumni

Hi @Chris2911 and a warm welcome to our online community.  How are you doing today?

I empathise with how you're feeling and really hope it's not too long before your appointment comes round.  If when it comes to closer to the time you need more support, please do give us a shout.  Good luck. 

Tori_Scope

Did you mean to comment that on this post, or a different one @wendy41? 

I hope that it goes well for you today Best wishes!

SueHeath

Oh well done @wendy41 you sound nice and chilled about it - fingers crossed for you.

SueHeath

Yep another waiting game @wendy41 fingers crossed for you.

jamrumples

If f2f are staring up again does this mean that you can. No longer request a telephone assessment 

calcotti

jamrumples said:

If f2f are staring up again does this mean that you can. No longer request a telephone assessment 

F2F have been going on for some time. You can still request a telephone assessment.

poppy123456

wendy41 said:

Had another phonecall from DWP today re: work capability assessment 'overview'. Just quickly went over the questions I was asked to clarify my answers and then said to check my UC journal tomorrow for more information. So watch this space. 

I would think that would have been the decision maker. Sometimes they ring before making a decision. Do let us know how you get on.

poppy123456

@wendy41 That means you've been found fit for work, i'm sorry to hear that. They will no longer accept any further fit notes. You can challenge that decision by requesting the Mandatory Reconsideration (MR) within 1 month of the date of the decision.

Have you had a look at the descriptors for both groups? If not you can see them here.

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

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

You need to state which one you think applies and your reasons why.

The most likely outcome will be the decision remains the same, if this happens you can request the Tribunal.

I'd also advise you to get some expert advice from an agency near you. Start here. https://advicelocal.uk/

bg844

Hi @wendy41 Many people are who are in the same situation as you fight the decision at MR and Tribunal successfully, please don’t give up and use the link above for expert help. Do come back and let us know how you get on.

poppy123456

wendy41 said:

Thanks @poppy123456. Just give up! Fed up! 

It's perfectly normal to feel that way right now. Give it a little time and then request the MR, you can do that on your journal, if you want to.