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Chronic Fatigue Universal Credit / Work Assessment Advice

Oscar336

Hi there, hope someone can give me some advice. I was diagnosed with Chronic Fatigue 7 years ago after some terrible episodes of being barely able to move. Since then I have managed my daily life to a decent level. I work self employed from home approx 20 hours a week, which is a level I cam mostly maintain. I am on Universal Credit and now have had a letter for an Health Assessment. My question is that I have little symptoms as I manage my Chronic Fatigue, but were I to increase my hours then it is very likely within a short period I would become incapacitated and bed bound unable to do anything. How do I get that across to the health professional who interviews me? Here's hoping there's someone out there xxx

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janer1967

Hi and welcome to the community

I am surprised you are having a work capability assessment

Have you declared a medical condition and completed the uc50 form

The reason I ask is my understanding is that if you work more than 16 hours a week you can't claim limited capability however I may be wrong

poppy123456

janer1967 said:

The reason I ask is my understanding is that if you work more than 16 hours a week you can't claim limited capability however I may be wrong

If a person is claiming either PIP or DLA and they are earning more than 16 x NMW per week then they can be referred for the work capability assessment.

Oscar, the work capability assessment is about the work you can do, rather than the work you can't do. Have you had a look at the descriptors for LCWRA, if not then you can see them here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

For LCW they are here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3903-limited-capability-for-work

To be entitled to the extra money you need to be found to have LCWRA and not LCW.

If you don't currently have the work allowance then being found to have either of the above will also entitle you to this. See link for more information.

https://www.gov.uk/government/publications/universal-credit-work-allowances/universal-credit-work-allowances

janer1967

@poppy123456 thanks for clarification

Oscar336

Thanks for your responses, I was diagnosed by a consultant at my local hospital 7 years ago. I have been on Universal credit for 18 months but during Covid it has been only telephone interviews where I did declare my CFS. I had my first in person interview about a month ago and said that I can only work part time (using pacing method) I did not fill any UC form but again declared my condition. Then with no warming I got the letter for assessment last week. (my assessment over phone is this friday) I can see the questions to be asked, I would totally be entitled on my worst days, but as I am really careful I am doing well. It's the chicken and egg problem, if I answer as though I am presently I will not qualify, but as soon as UC increase my hours to full time work I am likely to have a total crash very quickly. It feels wrong to answer the assessment as though I am on my worst days, but is this what I should do? It's a difficult illness to pin down. My worst fear is being pushed by the system into a total physical crash (at my worst I can't lift my arm from the bed, can only get to a close toilet once a day, and cannot even make a sandwich.) At that point I would be entitled to help, and/or limited hours would be accepted, as I recovered, but at such a terrible cost to my health that I can't bear to think about it. Also another crash and I might not get back to my current level of health. Thank you

poppy123456

You should never answer any questions or fill out any form based on your worst day. You should tell them about all of your days.

Martyandme999

I could be wrong but this qualifies for the higher band so it is probably a reason for LCW: If you don't meet the points you can get medical evidence in support of: 4. There is a substantial risk to you, or others, if you are found not to have a limited capability for work-related activity. You will be treated as having limited capability for work-related activities if:

‘you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement; there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work-related activity'

Oscar336

Thank you for all your help, great platform. just to update you....As i filled in the form for my broken foot in September, the health assessment has now covered the broken foot but ALSO assessed my Chronic Fatigue as I get some money from Universal Credit. UC said it was for chronic fatigue assessment and then it was for broken foot only, so they didn't seem to know. The assessor wanted to know how bad the chronic fatigue was at its worst and how it is now, on good days and bad days. I'll find out what conclusion they come to in a few weeks. She seemed to understand that I am presently in a good place due to strict self management, pacing and taking time out when I feel the symptoms returning. I'll feed back when I hear back from them x