Limited capability for work denied

mongoose505

Following my recent and long awaited telephone assessment, I have been informed by UC that I can work and a work coach will be in touch.

They have all forms and documentation UC requested proving my condition.

I have epilepsy and on medication following grand mal seizures, I also get fainting/blackout spells once or twice a month plus the other things associated with my disability. Is this a normal because I am in no condition for now to be returning to employment, advice please.

poppy123456

<moderator note - information corrected later in thread>

HI,
I'm sorry to hear this. If you disagree with the decision then you can request the Tribunal as your next step. I'd advise you to get some expert advice regarding this and if you can get representation then even better. Start here for this. https://advicelocal.uk/

calcotti

poppy123456 said:

HI,

I'm sorry to hear this. If you disagree with the decision then you can request the Tribunal as your next step. 

I read the OP as meaning they have just had the initial decision on LCW for a UC claim.
OP, if that is the case, you first need to request a Mandatory Consideration f the decision which means that a different DWP Decision Maker will look at your case again. If that fails you can then appeal to the tribunal service.

poppy123456

@calcotti yes, i read it as the same but i didn't think you needed to request the MR first for a WCA decision. I thought you could go straight to Tribunal, or have i imagined this?

calcotti

poppy123456 said:

@calcotti yes, i read it as the same but i didn't think you needed to request the MR first for a WCA decision. I thought you could go straight to Tribunal, or have i imagined this?

True for ESA but, to the best of my knowledge, not UC. The difference is that ESA would stop altogether while waiting for an MR whereas UC does not.

poppy123456

Thanks for that and yes, that makes sense.

chiarieds

I thought the same as calcotti, but had thought I was wrong when you said with UC you can go straight to a tribunal, correcting me on another thread. If this is up to date, it suggests a MR is needed first: https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/appealing-a-universal-credit-decision-at-a-tribunal/

calcotti

Found the relevant DWP memo
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/917363/adm21-20.pdf
The reason MR is not required for ESA is that because ESA would stop the requirement has been found to be a disproportionate restriction of access to the tribunal service.

poppy123456

@chiarieds i was just reading that when i seen you posted the link, thanks. Thanks also calcotti for that confirmation.

chiarieds

Thank you from me too @calcotti - it's always good when something makes sense, at least for me, & you can understand the 'why.'

poppy123456

Just wanted to also add my apologies to the OP for incorrect advice given. 

chiarieds

Just wanted to also add my apologies to the OP for incorrect advice given.

Which is a very, very, very rare occasion; in fact the first I've seen.

Anyway @mongoose505 - you can go for what's called a Mandatory Reconsideration,' where your decision will be looked at again by another decision maker, as mentioned above. Kindly let us all know how you get on, & do come back with any questions.

mongoose505

Thanks for all of the comments, I will go for the MR, I also note the medical professional did not ask a number of key criteria questions as stated on the decision letter. Will advise.

poppy123456

mongoose505 said:

Thanks for all of the comments, I will go for the MR, I also note the medical professional did not ask a number of key criteria questions as stated on the decision letter. Will advise.

The decision letter for the WCA doesn't usually go into any detail, other than to tell you the actual decision. Did you receive a copy of the assessment report and this is where you noticed some questions that weren't asked?

If you did receive this, try not to concentrate too much on that report when requesting the MR because this isn't going to get you placed into either of the groups.

What you should do for the MR request is state clearly which group you think you should be placed into and your reasons why. Adding a couple of real world examples of what happened the last time you attempted that activity will also help.

Take a look at this link for the LCWRA descriptors to see if any apply to you. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

Take of #4 (substantial risk) in that link and see if this may apply to you. This is explained better here. https://wcainfo.net/issues/substantial-risk-lcwra

My thoughts are that if you don't have any warnings of your seizures and blackouts then this may apply to you.

Cher_Alumni

@calcotti Just to let you know, I’ve removed a duplicate post of yours from this thread, pesky gremlins in the system again?!

Also, thank you for posting the memo rule change around ESA decisions and clarifying the UC appeals route. Procedural updates can make a confusing system, even more-so difficult to navigate. However, all sides of this thread appear to have a better understanding now (including me) and thank you for your apology too @poppy123456.

@mongoose505 Good luck with the MR. Should you need any more advice along the way, please let us know.

mongoose505

Thank you for the comments, update, even before I could consider a MR, within 24 hrs., Universal Credit closed my case and stated I have to re-apply and start over again, I am not surprised. 

My 20 minute telephone assessment by a health professional or trainee medical student stated I can undertake some work, your work coach will contact you for training/work options to help you return to employment.

UC/DWP goodbye........... I smell a rat in the system.

 I was and am willing to take full advantage of returning to the work place with my skills and experience or re-training, although my friends, family and my on the fence Neurologist might disagree.

To date, I have applied for 27 jobs since the decision, FT/PT, no luck, maybe I should lie on my applications, question, do you have a disability or require special arrangement's, answer No and see what happens.

Is epilepsy a disability, 45% say yes, 45% say no, I have no bloody idea.

Regards Mike

 

poppy123456

mongoose505 said:

Thank you for the comments, update, even before I could consider a MR, within 24 hrs., Universal Credit closed my case and stated I have to re-apply and start over again, I am not surprised. 

Do you mean they closed your UC claim completely? Do you claim UC with a working partner so your UC is reduced to zero because of earnings?

calcotti

mongoose505 said:

Thank you for the comments, update, even before I could consider a MR, within 24 hrs., Universal Credit closed my case and stated I have to re-apply and start over again, I am not surprised. 

As per poppy, I don’t understand why your claim wouldn’t close unless your circumstances mean that your entitlement would now be nil. However, even if the claim is closed, you can still request an MR.