Work Capability

shellbell20

Hi Guys,

I am so confused. I have just spoken to UC about my claim.  They decided that I was working without consulting me and the reason why they came to this decision is that I was paid holiday pay from my old employer this week from a year ago. They didn't ask me what the money was for they just assumed. As some of you are aware I have a pending court case and this was part of that case.  Anyway, I had to ring the UC to resolve it today or try to.  

Whilst I was on the phone I decided to mention work capability its been nearly 7 months since I claimed UC and still no work capability. I think they sent the forms to me in February or March which I filled in and sent.  

I was advised on the phone today it is with a Case Manager and that they can take as long as they want, so basically, if they want to take 5 years they could do so I guess I find this an awful approach as the worry is making my illness worse and I do intend to take it up with an MP and I have made a formal complaint.  What confused me in all of this is that it is with a decision-maker and I haven't had an assessment, so my question is, is this normal? Does it mean there will be no assessment or does the decision-maker decide on whether an assessment is needed?  I think what they are doing with these delays is wicked and   

poppy123456

For your work capability assessment assessment, if the assessment report has been returned to DWP then you will have had a paper based assessment. These are rare but they do happen. When you returned the work capability assessment form it's sent straight to the health assessment providers, rather than go through DWP first. It will be those that decide who needs the assessment.

It's perfectly normal at the moment to be waiting several months for a decision on the WCA because of the backlogs. Obviously if someone is waiting 5 years then this really would be quite ridiculous.

shellbell20

poppy123456 said:

For your work capability assessment assessment, if the assessment report has been returned to DWP then you will have had a paper based assessment. These are rare but they do happen. When you returned the work capability assessment form it's sent straight to the health assessment providers, rather than go through DWP first. It will be those that decide who needs the assessment.

It's perfectly normal at the moment to be waiting several months for a decision on the WCA because of the backlogs. Obviously if someone is waiting 5 years then this really would be quite ridiculous.

We all know that waiting several months is just not acceptable with people who are already ill, but I will take that up with my MP.  Thanks for your reply and your input it is very much appreciated. The only thing I am still confused about is who is the DM. I have been told my case is with a DM, do they mean with a DM from DWP or with a DM via the health assessment providers, this is where I am confused. 

poppy123456

A decision maker will be someone from DWP and not someone from the health assessment providers. The health assessment providers make recommendations, not decisions.

As for the timescales then unfortunately, the pandemic did cause huge backlogs, which is why reviews for WCA are still currently on hold.

shellbell20

poppy123456 said:

A decision maker will be someone from DWP and not someone from the health assessment providers. The health assessment providers make recommendations, not decisions.

As for the timescales then unfortunately, the pandemic did cause huge backlogs, which is why reviews for WCA are still currently on hold.

I think I read that the government are refusing to release the figures with the delays.  I won't get political as this is not what the site is for but I find it abhorrent, especially when it affects society's most vulnerable, hence the reason I will still contact my MP, as I feel the more people who voice their opinions the more likely we are to see change.  Thank you Poppy for clarifying where it might be, I guess I must be one of those rare cases where it went to the DM and I don't get an interview.

poppy123456

The assessment report would still have been written and returned to DWP. It just means there was enough of evidence not to need an assessment. (providing the information ESA gave you was correct) I've had a couple of paper based assessments for ESA over the years.

shellbell20

poppy123456 said:

The assessment report would still have been written and returned to DWP. It just means there was enough of evidence not to need an assessment. (providing the information ESA gave you was correct) I've had a couple of paper based assessments for ESA over the years.

It wasn't ESA I spoke with I was speaking with Universal Credit, who then went to their help desk to find out what was going on with my work capability and the help desk told the advisor that my case was with the DM and that there was no time limit on how long it would take. I kept saying to the advisor that is strange, why has it gone to the DM without an assessment, but she repeated what the help desk had said.  I have now emailed my MP and I will let you know his response. I can't just sit here and just let them say they will do it in their own "Merry time" without doing something about it.  I think 6 months without complaining is more than enough time and to be honest, I am tired of these telephone interviews from Universal Credit when I am not well. They just won't give me time to try and get better.

poppy123456

Ok then providing the information UC gave you was correct. The WCA process is exactly the same for UC as it is for ESA. Once a decision's been made they'll upload the decision letter onto your journal.

shellbell20

poppy123456 said:

Ok then providing the information UC gave you was correct. The WCA process is exactly the same for UC as it is for ESA. Once a decision's been made they'll upload the decision letter onto your journal.

Thanks, Poppy, if I hear anything and I'm not holding my breath I will update you.

L_Volunteer

Wishing you all the best of luck with it @shellbell20. How are you feeling about it at the moment? It sounds like you are feeling, understandably, hopeless at the moment about it.

Please know we are here for you if we can do anything to help or even just to provide a listening ear if you wish. You don't have to go through this, or anything else, alone if you don't want to 

shellbell20

L_Volunteer said:

Wishing you all the best of luck with it @shellbell20. How are you feeling about it at the moment? It sounds like you are feeling, understandably, hopeless at the moment about it.

Please know we are here for you if we can do anything to help or even just to provide a listening ear if you wish. You don't have to go through this, or anything else, alone if you don't want to 

I feel overwhelmed with everything, the court case, the money they deducted from my benefits for holiday pay that was from last year's wage and has been paid a year late. I am waiting for the PIP decision after a gruelling 2-hour interview and then waiting for a work capability interview and or decision. I feel like I am sinking rapidly. I have only just moved to find out that the property has asbestos in it which was withheld from me, that my wet room leaks everywhere and a thousand other things are wrong with the property. I feel like a small fish in a tank of sharks if I am honest and none of this is helping any chance of recovery for my MH it is just making it spiral downwards and then also it is affecting my physical health as my immune system is finding it difficult to cope with all the stress and worry. So yes I am feeling helpless and hopeless right now.

poppy123456

shellbell20 said:

L_Volunteer said:

Wishing you all the best of luck with it @shellbell20. How are you feeling about it at the moment? It sounds like you are feeling, understandably, hopeless at the moment about it.

Please know we are here for you if we can do anything to help or even just to provide a listening ear if you wish. You don't have to go through this, or anything else, alone if you don't want to 

I feel overwhelmed with everything, the court case, the money they deducted from my benefits for holiday pay that was from last year's wage and has been paid a year late.

For UC this is correct. Any earnings received during your assessment period will reduce your UC by 55% if you don't have the work allowance. Even though it was earnings you should have received last year, it makes no difference to UC.

If found to have LCW/LCWRA you will have the work allowance, which means part of your earnings will be ignored before the 55% deductions apply so they may owe you some extra money.

shellbell20

poppy123456 said:

shellbell20 said:

L_Volunteer said:

Wishing you all the best of luck with it @shellbell20. How are you feeling about it at the moment? It sounds like you are feeling, understandably, hopeless at the moment about it.

Please know we are here for you if we can do anything to help or even just to provide a listening ear if you wish. You don't have to go through this, or anything else, alone if you don't want to 

I feel overwhelmed with everything, the court case, the money they deducted from my benefits for holiday pay that was from last year's wage and has been paid a year late.

For UC this is correct. Any earnings received during your assessment period will reduce your UC by 55% if you don't have the work allowance. Even though it was earnings you should have received last year, it makes no difference to UC.

If found to have LCW/LCWRA you will have the work allowance, which means part of your earnings will be ignored before the 55% deductions apply so they may owe you some extra money.

So I guess I pay the price again because the company I worked for withheld my holiday pay for a year and not only did they do that, they put an emergency tax on it. I pay the price when they wronged me, even though for the first 6 months after being dismissed by them for having a disability,  I didn't claim any benefits. How is that even fair? Had this been gift of say £400 I wouldn't have had anything deducted. I hate this system and I hate seeing vulnerable people being taken advantage of. As I said had I been paid on time, I wouldn't have money deducted as I wasn't on benefits then.  Anyway thanks for letting me know. I am best not to talk about it anymore as it is just upsetting me more.

Ross_Alumni

I respect your wishes not to talk about it further @shellbell20, if it is causing you to feel even more low then it is a good idea to take a break and remove yourself from the situation. I just wanted to comment to let you know that you have our full support, and if you ever want to talk privately our email inbox is always open at community@scope.org.uk.

It sounds as though the situation with your new home is adding to things at the moment, and I'm sorry that there is so much work that needs doing with it. Are you receiving support to resolve the issues? Have you made people aware of them? 

Do take care, and ensure you utilise any techniques you have to manage your mental health. You have a lot on your plate at the minute so it's important to find time to relax and take your mind off things. And if you do ever feel as though your mental health is becoming too hard to cope with then please consider seeking extra support such as from your GP, or through any of the lovely organisations out there like Mind.

shellbell20

Ross_Scope said:

I respect your wishes not to talk about it further @shellbell20, if it is causing you to feel even more low then it is a good idea to take a break and remove yourself from the situation. I just wanted to comment to let you know that you have our full support, and if you ever want to talk privately our email inbox is always open at community@scope.org.uk.

It sounds as though the situation with your new home is adding to things at the moment, and I'm sorry that there is so much work that needs doing with it. Are you receiving support to resolve the issues? Have you made people aware of them? 

Do take care, and ensure you utilise any techniques you have to manage your mental health. You have a lot on your plate at the minute so it's important to find time to relax and take your mind off things. And if you do ever feel as though your mental health is becoming too hard to cope with then please consider seeking extra support such as from your GP, or through any of the lovely organisations out there like Mind.

Thanks for your care Ross.  I am under the doctor, I mind look at Mind. I have to say Poppy's comments are correct, even though this is money owed to me a year ago, the greedy government want to take it. Had I received it when I should have then I wouldn't be deducted, but then again there is no fairness, if there were I wouldn't be taking my former employers to an employment tribunal.

Poppy is also right about work capability, they are taking so long with backlogs, although I was told there is catch up when I spoke on the phone to them, apparently according to a condescending jumped up civil servant who works for the DWP my application after 6 months is lined up for an assessment, another terrifying, one-sided assessment that isn't a true reflection of how badly I am struggling and there is no date they can give for when that might happen. In the interim period, I have to have phone calls from the job centre to tell them I am not well, I am not allowed to take time out to get better or begin the healing process. 

poppy123456

I'm sorry you were given the incorrect information when you last rang them and were told it's with a decision maker. They do often seem to tell people what they want to hear, rather than facts.

Unfortunately, when you're claiming UC you're classed as a job seeker until a decision on the WCA says otherwise. It's a work coaches descretion whether they turn off or reduce work commiments. Some will turn them off, others will reduce them and some won't do either of those.

If you haven't already, it would be worth speaking to your work coach to tell them how your conditions affect you and to see if they will at least reduce work commiments.

shellbell20

Ross_Scope said:

I respect your wishes not to talk about it further @shellbell20, if it is causing you to feel even more low then it is a good idea to take a break and remove yourself from the situation. I just wanted to comment to let you know that you have our full support, and if you ever want to talk privately our email inbox is always open at community@scope.org.uk.

It sounds as though the situation with your new home is adding to things at the moment, and I'm sorry that there is so much work that needs doing with it. Are you receiving support to resolve the issues? Have you made people aware of them? 

Do take care, and ensure you utilise any techniques you have to manage your mental health. You have a lot on your plate at the minute so it's important to find time to relax and take your mind off things. And if you do ever feel as though your mental health is becoming too hard to cope with then please consider seeking extra support such as from your GP, or through any of the lovely organisations out there like Mind.

I think you are right about Mind the job centre has also mentioned them. I just feel on the edge of another brepoppy123456 said:

I'm sorry you were given the incorrect information when you last rang them and were told it's with a decision maker. They do often seem to tell people what they want to hear, rather than facts.

Unfortunately, when you're claiming UC you're classed as a job seeker until a decision on the WCA says otherwise. It's a work coaches descretion whether they turn off or reduce work commiments. Some will turn them off, others will reduce them and some won't do either of those.

If you haven't already, it would be worth speaking to your work coach to tell them how your conditions affect you and to see if they will at least reduce work commitment@poppy123456  I am luckily just moved to Macclesfield and they are kind, however at Stretford in Manchester they lied saying it was mandatory to talk about my illness every two weeks, I guess their manager there has huge bonuses for complying to government targets although and it is fact that a few people have committed suicide when they can't cope with the bullying are the force making them virtually sign on every two weeks . These people who do this for promotion or pay rises, or bonuses literally have blood on their hands, but let's be honest they are just the puppets controlled by the puppet master. Thank you for such kind words it made me cry, but yes you are right this happens and it is the luck of the draw x

Ross_Alumni

Afternoon @shellbell20

I just wanted to check in with you to see how you are getting on? I hope you have had a nice weekend so far