Confused by wording of UC WCA decision
Hi
I had my WCA in December and today received the decision. Despite having my foot amputated they have found me fit for work.
However, I am confused by the wording in the letter and the entry in my UC journal.
The journal entry states, "
"Although we recognise your health conditions, you no longer need to provide medical evidence, including sick notes. This is because you have been assessed as capable to undertake some form of work. " The letter states, "We have decided that you do not have limited capability for work" I am a bit confused by this. They recognise that I have had my foot amputated,but decide that I am not int LCW group? I can't walk unaided, so can't carry anything. I can't drive. I don't get it! Am I the 1st this has happened to?
Comments
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Hi,
While this will sound harsh, there are still jobs that you can do while seated. Using a computer, for example. This will be the reason you were found fit for work.
You can now challenge the decision via Mandatory Reconsideration. I would recommend getting some professional help with this, as unfortunately I can see why this condition alone isn't an easy one to fit the LCWRA group.
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They have found you fit for work, and not to meet the threshold for Limited Capability for Work (LCW) or Limited Capability for Work Related Activity (LCWRA).
You can appeal the decision, first by asking for a Mandatory Reconsideration, then independent appeal tribunal.
Ask for the assessment report (UC85) so you can go through it highlighting anything incorrect, contradictory etc.
You will need to demonstrate where you fit within the descriptors.
If you are considered able to use a manual wheelchair to mobilise then scoring points under mobility problems will be difficult.
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Yeah, but it's not just doing the work, it's getting to and from work, and using toilets, etc.
I am definitely appealing.
Thanks for UC85 suggestion. Will that include the Capita HAAS report or just the UC report?
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The UC85 is a copy of the Work Capability Assessment that you had with Capita.
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