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Wca failed me and fit note nlv

Philonline

After nearly a year on UC and 3 months waiting to hear about my wca assessment I've just had a phone call from the UC people telling me I have been found to be fit for work and my regular 3 month fit note from my gp is no longer valid as a reason not to be fit for work, I have had no paperwork from the wca people and was concerned as I have limited mobility due to birth defects to my right leg hips and spine, the UC girl explained she has nothing to do with the decision and said I would need a fit note with something totally different on it to stay on the sickness route of UC, I have contacted my gp who cant see me or speak to me until next Wednesday, I gave all my medical details to the wca and I am in receipt of middle rate pip, is this a regular thing to happen to people claiming UC while unfit for work?

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Comments

poppy123456

If you disagree with the decision you can challenge that by first requesting the Mandatory Reconsideration. (MR) you have 1 month from the date of the decision to request this and you can do that on your journal. You need to state which group you think you should be placed into and your reasons why.

You can see the descriptors for both groups here.

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

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

You've been advised correctly that no further fit notes will be accepted while you wait for the MR decision and also while you wait for the Tribunal, if it gets that far.

If you send another fit note with a different or worsening of condition then the whole process will start again. Doing this and using the same evidence you previously used will likely see you being found fit for work again.

Also when claiming UC you're classed as a job seeker until a decision on thw WCA says otherwise.

Your PIP award will have no bearing on the WCA because they are different benefits.

Philonline

Thanks Poppy she did not mention anything about a MR just I would need a fit note with a different reason on it, I will go on my journal and do that now even though I have no paperwork about the decision, thanks again.

poppy123456

You should receive a decision letter on your journal telling you what you can do if you disagree with that decision. If you've only been told that decision today then it may take a little while longer to upload the letter on your journal if you have access to one.

No, you don't need any further fit notes and they won't be accepted because you've been found fit for work. If you report another fit note with either a new or worsening of condition then it would prompt another referral, which isn't what you need.

Philonline

Already been on my journal asking for a reconsideration prior to this message Poppy and nothing at all about the decision on my journal, I dont think it's right with elderly people already woried about the cost of living and heating costs that they can worry you about things you have no notification of like this decision, I think the saying is putting the cart before the horse, she also told me I had to accept my new commitments or I would not get paid which is also my rent ect for my sheltered accommodation flat.

poppy123456

Yes you do need to accept your new commiments otherwise you could be sanctioned. There's some information here regarding sanctions. https://www.turn2us.org.uk/Benefit-guides/Universal-Credit-Sanctions/How-much-will-a-Universal-Credit-sanction-be

Philonline

The DWP have just phoned me and said the decision was made in March so I cannot appeal? I did not do an assessment in March and there is nothing in my journal about it, they also insist I need another fit note with something different on it as a reason unfit for work, this has got me at my wits end.

poppy123456

In your first comment you said someone rang you today and told you what the decision was? You have 13 months to request the MR with good reason and not having the decision on your journal when it was made is good reason.

Also if you do challenge that decision they won't take into consideration any worsening of condition. They will only look at how your conditions were at the time the decision was made.

You can report another fit note but it either needs to be for a completely different condition or a significant worsening of an exsiting condition, otherwise it won't be accepted because you were found fit for work.

Are you sure you didn't miss the decision letter on your journal?

calcotti

If the decision was made in March there should have been a decision letter on your journal at that time. (It does seem odd that if the decision was made in March they have only just asked you to complete a new claimant commitment.)

Even if it was made in March you can still request an MR. You have up to 13 months from the decision date to do an MR but just need to say why you didn’t do it within one month - not being aware of the decision would seem to explain it! If UC refuse to accept the MR because it is late you can then go straight to appeal to the tribunal service,

Philonline

Nothing at all in my journal double checked and when I put a request on my journal to appeal the decision she phoned me back up and said as the decision was made in march I could not appeal as it has been too long but if its 13 months they are telling me lies for some reason, she did sound a bit on edge on the phone and I got the feeling something is not quite right here.

calcotti

Philonline said:

… she phoned me back up and said as the decision was made in march I could not appeal as it has been too long ..

She’s wrong. You can do an MR within 13 months.

Philonline

I have asked to be transferred to a manager as I have a feeling they are trying to cover up a mistake, I am also considering a complaints letter as she has blatantly lied to me.

Philonline

I was honestly thinking I must be lucky after reading terrible things about how people are treat on UC, for nearly a year I have had no problems and had a lovely work coach? called Nichola who was the most pleasant and understanding person then I suddenly for no reason get somebody called Dawn and everything goes bad, today has me feeling drained and makes me understand what people have gone through. Thanks for your help and patience hopefully a manager will get to the route of what's going on as there is definitely nothing in my journal about this decision I've even screen shot all of March and read it through from the first entry to the last.

Hannah_Alumni

@Philonline I'm so sorry you were feeling so drained yesterday, how are you feeling today?

If you are unable to get help from a manager, maybe speaking to your local MP may be a way to go?

Philonline

I'm ok thanks Hannah, after the great advice here and reading the two downloadable booklets about MR I can see that they are totally in the wrong and for some reason trying it on with me probably to cover up their own mistakes, I have requested all information and letters that they base this decision on and the matter be handled by a manager as all the documentation I've read says the first step is to contact the office dealing with your case and tell them of the problem, I have done this yesterday but heard nothing yet, I will give them a few days then if nothing heard I will move on to the complaints dept.

calcotti

Philonline said:…, I will give them a few days then if nothing heard I will move on to the complaints dept.

An MR can take up to 12 weeks to be dealt with.

Philonline

Understand that but it would still be helpfull to have the information that the MR is based on, I have no letters and nothing in my journal and Dawn who phoned my twice about this said the decision was made in March I did not have a WAC in March?

calcotti

Philonline said:

Understand that but it would still be helpfull to have the information that the MR is based on, I have no letters and nothing in my journal and Dawn who phoned my twice about this said the decision was made in March I did not have a WAC in March?

Definitely worth chasing that. That’s fine that you were aware of wait for MR, just wanted to make you aware if you weren’t.

Philonline

There is definitely something not right? It will be interesting to see them do a MR on something that didn't happen, now if they had said September I would only be wondering why I had no notification but March that's baffling

Philonline

I have been thinking about dates and things that happened in March this year and I am almost certain that was when I received a phone call from the ESA people about a work assessment I had taken in 2021 but when I moved house into a different borough in December 2021 my esa was cancelled and I was told I had to claim UC, I bet that is the assessment they are looking at but as my esa was cancelled it was not taken any further.

calcotti

Philonline said:..but when I moved house into a different borough in December 2021 my esa was cancelled and I was told I had to claim UC,

If you moved Council it that would have required you to claim UC if you wanted help with rent because you would not have been permitted to make a new Housing Benefit claim. The act of claiming UC would end any entitlement to income based ESA (but not contribution based ESA which would have continued and been reduced from the UC).