WCA Fit for work

Hi,

Looking for advice. I am on Enhanced daily living PIP and previously was on ESA and working tax credits as having limited capability for work, but when tax credits phased out rather than claim UC two years ago I tried to sustain full time work.

I have long term systemic damage from extensive cancer treatments and bone marrow transplant. I have severe pulmonary fibrosis with lung function below 50 percent, a fully occluded carotid artery, sinus tacchycardia and need thyroid replacement and tesosterone injections due to radiotherapy to my neck and groin.

My lung function has declined in the last year or so and I have been struggling to sustain full time work. My body weight dropped to 9 stone earlier this year, I was repeatedly fainting and had to take all of March off work. I was then sent to Occ Health who wrote a report and my work agreed to reduce my hours from 37.5 to 22.5 and I work exclusively from home.

I had previously qualified for ESA under the substantial risk criteria. My hemotologist and doctor both wrote letters explicitly stating that it would be detrimental to my physical and mental if I was not found to have limited capability for work.

As my evidence I included 3 occ health reports, 2 hemotologist letters outlining my conditions and how they affect me and a doctors letter, although these were history, from 2013 and 2017 as my conditions are permanent and slowly getting worse.

I have sent them 3 lung function test results from the last 18 months as I'm now being tested 6 monthly along with a medical summary of my conditions.

During the assessment I explicitly made it clear that I am arguing for LCWRA under the substantial risk to health provision, which I was awarded when on ESA at a tribunal.

Today the decision make actually telephoned me before making her decision saying the assessor had ruled that I am not unfit for work but because of my medical evidence she wanted to let me and that I should appeal. I asked why if she is the decision maker and she thinks it might be a wrong decision she can't overrule it and she said she had to accept the findings of the assessor.

She then told me to wait for the decision letter and request a MR and copy of the assessors report.

She uploaded it this evening around 5pm and it has no mention whatsoever of the substantial risk provision, just that I didn't meet the physical descriptors. I had been very clear with the assessor that I do not meet physical descriptors. For the first instance, I remain in work and want to continue working. Secondly, I have to exercise to preserve my lung function so do walk when able, and I live alone so have to manage my own household.

I'm just struggling to continue as my lung function and vascular disease have worsened.

Just looking for some advice as to how I go about appealing this. I don't have the assessors report yet but it doesn't seem substantial risk was considered even though I was explicit with both the assessor and decision maker that this is the criteria I've been awarded under previously and through how I think I qualify now.

Currently, I don't even get work allowance, so am not even being properly compensated for the hours I've been forced to give up, and I may yet have to reduce further.

Sorry the post is so long, thanks in advance to anyone who is able to offer advice.