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Declined limited capability component. What kind of paid work can I do? How do I not meet criteria?

C984
C984 Member Posts: 16 Listener
edited October 2021 in Universal Credit (UC)
Hi I have been going through a year long battle to sort out a limited capability component of Universal credit I have been declined this I would like advice if some people who  have delt with this and what are the chances I will be granted this.

Small bit about my case

I get pip and industrial injuries benefit plus I have a carerer I'm am disabled through a left leg knee injury I'm on high.pain relief. I can walk with out a stick nore walk any sort of distance less than 15 metres without any sort of high pain. I am not able to bend my leg so cannot sit correctly as you may be able to imagine I have to sit most of the time with my leg up above hip level to reduce swelling and pressure from around my knee joint. I won't ever be able to run kneel ride a bike or anything you can imagine what you have to do to use your knees.
This is for life and things will only get worse as time gose on.

I still under a specialist and waiting further surgery to help with pain relief. My everyday is hard and walking sitting sleeping the pain never gose away 
Sorry to go on there is more and detailed information has been sent to limited capability but they say I can still do some sort of paid work and I don't meet the law criteria to get it.

Can someone please tell me what sort of paid work can I do and how don't I meet the criteria and specialy when I have the back on my doctors and specialist 
Please  help 
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Comments

  • janer1967
    janer1967 Member Posts: 13,284 Disability Gamechanger
    Hi and welcome to the community 

    Have you took your claim to tribunal.  I had to do this as I was found fit for work after having my leg amputated as well as other condition 

    The tribunal awarded lcwra and part of the reason was the need to keep my stump elevated on sitting so wheelchair would not fit under desk 

    Please note this wasn't the only reason I won my case I was also housebound due to access issues 

    As for work suggestions there are more opportunities to work from home now so maybe this could be an option 
  • poppy123456
    poppy123456 Member Posts: 25,573 Disability Gamechanger
    Unfortunately, claiming IIDB and PIP is irrelevant because they are all completely different benefits, with different criteria. Having the backing of your doctors and specialist isn't going to help here.
    The work capability assessment assesses your ability to do any type of work, not just the work you used to to do.
    Have you had a look at the criteria for LCWRA? To be entitled to the extra money then you would need to be placed into this group. Whether you're eligible will totally depend on how exactly your conditions affect you in a typical day. If you are looking at the mobilising descriptor then you need to be aware that they will look at your ability to use a self propel wheelchair, it's not just about your ability to walk.
    I'm assuming you were found fit to work? Was this decision made within the past 13 months? If it was then you can request the Mandatory Reconsideration (MR) you need to state 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. Include information such as where you were, what exactly happened, did anyone see it and what the consequences were. You can request this on your journal.



  • C984
    C984 Member Posts: 16 Listener
    Hi poppy thanks for you message no I haven't been fit for work for nearly 3 years now as this was a accident in the work and I had no choice after 2 years not being fit for work and haveing a personal injury case  against them is became very hostile if you can imagine especially I won my case againt them. So early this year I handed it in I've just had my mandatory reconsideration I'm at the appeal stage now
  • poppy123456
    poppy123456 Member Posts: 25,573 Disability Gamechanger
    When i said this..

    I'm assuming you were found fit to work?
    I meant were you found fit for work by DWP. My advice remains the same even with appeal stage. If you haven't already given those detailed real world examples then i'd advise you to do that for your submission.
    For expert advice see link. https://advicelocal.uk/ If you can get representation then even better.
  • C984
    C984 Member Posts: 16 Listener
    Hi Janer 1967 

    I am at the appeal stage to take it by tribunal now as I've been denied it as they say I can do some form of paid work what paid work I ask.??
    I don't understand how they can over ride a doctor and a full surgical team I've been doing this by my self untill now and I have just got the cab to help me with this stage now 
  • janer1967
    janer1967 Member Posts: 13,284 Disability Gamechanger
    Hi again 

    I would say that is the way forward to get some help 

    I did it on my own but with a lot of research 

    Unfortunately a gp saying you are unable to work and signing your fit note does not satisfy the criteria a fit note is really a recommendation 

    Look at the information poppy has provided and I wish you the best for your tribunal.  Please let us know how you get on 
  • C984
    C984 Member Posts: 16 Listener

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