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PIP, ESA, UC and me

SpinalStenosis1985SpinalStenosis1985 Member Posts: 3 Listener
in Universal Credit
Hello, I have a condition called degenerative congenital spinal stenosis, it's severe lumbar spine pain but also affects the muscles and nerves in my legs causing extremely painful cramps and numbness, I have a carer 24/7 and walk with crutches and (I also have osteoarthritis in the lumbar spine too) I'm on several very strong medications and live in pain daily. I have been on Universal Credit since November last year and on PIP for just over a year. I cannot hold down a job and have been getting fit notes since November and now I have been given an indefinite fit note which means there's no end date but; I have had a work capability assessment for ESA, but Universal Credit scored me as totally fit for work (ESA should have made the decision but seems that there was a screw-up somewhere) and my work coach says that I cannot provide any further fit notes because of this (idiotic and wholly incorrect) decision. Can my jobcentre and the DWP actually ignore a fit note?!? I'm flying blind here and genuinely have no idea if I'm getting the right info or the correct benefits. So please help. 
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Replies

  • janer1967janer1967 Community champion Posts: 8,545 Disability Gamechanger
    Hi 
    Yes they can and do ignore fit notes. I had same experience and decided to fight their decision. I did MR and got same outcome so appealed and went to tribunal which I won. So if you don't agree fight your case. It was stressful and took over year to be resolved. Lots people here will give you more specific advise on the appeal process 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    As you've been found fit for work your next step is to request the mandatory reconsideration within 1 month of the date of the decision. If that fails and most do then it's Tribunal.

    Face to face advice is needed to help and support you with the process. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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