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Assessment

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  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    The change was that he's been given limited capability for work, which means they acknowledge he has a disability that affects his ability to work but he will need to attend work focus interviews and prepare for work sometime in the future. This means the decision has changed because now he won't be forced to look for work like he would have been when he was found fit for work. Although there's no extra money in this group, as you said.

    If he's unable to attend the work focused interviews then he needs to speak to his work coach because some are very flexible and will arrange telephone interviews, rather than attending local job centres.

    If he still disagrees with the decision then he has 1 month to request the Tribunal and for this he needs to fill out the SSCS1 form.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • faydhar
    faydhar Community member Posts: 63 Connected
    He is going to take  it to tribunal  as he is not  going to get any better   he   not  on the transplant list as other  conditions  stop him  from  having one  he cannot work now nor he will be able to work  months  or years  which his renal  specialist  agrees with down the line so having to prepare for  work  is  pointless .. wish us luck for  the tribunal  :/
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    Hi @faydhar. I'm sorry that although the MR changed the original decision, it still didn't result in them finding him to have LCWRA. Best of luck with the appeal and tribunal and please let us know if we can help you at all. 
    Community Manager
    Scope
  • faydhar
    faydhar Community member Posts: 63 Connected
    Thank you @Adrian_Scope we are just trying  to work out  what we need for the tribunal  it's  not so easy to   see his specialst  as he  mainly  sees the renal team  we are just worried  we wont get all the information we need . I really dont understand  the middle  group  it  should  be eaither  you can work  sp they will help you  get  back to work  or you  cannot work  so you get a little  bit  extra  to help  you  cope  .my step father   has been told by the doctor  he needs to eat fresh healthy  food but  atm he cannot afford  to do so 
  • faydhar
    faydhar Community member Posts: 63 Connected
    Eveing all just another update  on my father's case .he is still waiting for his tribunal  date .yesterday he recived  a letter from dwp with them explaining why he is not entitled to the extra disability payment  in the limited capability work and activities. Even tho he has to go to hospital  5 days a week for his dyalisis  they are saying they do not class him as being disabled  because  he can get a work placement that can apapt  for his condition  which is completely  not possible.  Also he has a work focus group  appointment in March at the same time he has dyalisis he has contacted universal credit to.tell them and he has been told that they cannot stop him from going  to his dyalisis  appointment but if he does not turn up to his interview they can sanction him which is completely  disgusting .of he does not go to dyaliisis  he will die if he goes and misses  his appointment he will be sanctioned  .I'm now at a loss of what i can do to help him  being in limbo waiting for the tribunal  universal credit seem to think they can be completely  unreasonable  
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    I'd suggest your dad requests a different work coach because being sanction for having to attend an appointment like that is disgusting. He's well within his rights to request this and hopefully the next one will be more understanding.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • faydhar
    faydhar Community member Posts: 63 Connected
    Yes i have told him to do this .also it doesn't matter  what day mon to Friday  they change the appointment as be is at dyalisis  from 7am till 3pm then by the time he's is home  it's around 4 /5 depending  in transport  and once he is home he just sleeps as the dyalisis  takes it's toll so no idea how they expect him to go to work focus  appointments  .all these problems are down to the acceseor  who came out to do the fit for work and completely  disregarded  the fact he has kidney failure. Just hope the tribunal  has a positive  outcome  even after the 40 page  booklet he recived  from dwp stating thier  argument why they do not class his as being disabled  .one part stating as he  does not have a condition where he has been given 6 months  to live they do not see him as havjng a disability  .he's going to citizens  advice3 thus week to try and get some help for his tribunal 
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    Telephone appointments for the work focused interviews can also be arranged and i'd advise him to ask his work coach about this.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    Hi @faydhar. I'm sorry to read this is still an ongoing battle with UC. I'd advise you and your father to request an appointment with the disability and equality adviser at his jobcentre. They are usually very good at getting work coaches to back off a little and ensuring reasonable adjustments are made. Best of luck. 
    Community Manager
    Scope
  • Joanne_Alumni
    Joanne_Alumni Scope alumni Posts: 188 Pioneering
    Hi @faydhar

    I have found this I the guidance for Health Care professionals who carry out the Work Capability Assessments:

    2.4.2 Treat as LCW criteria in Universal Credit – UC Regs 2013, Schedule 8
    “Circumstances in which a claimant is to be treated as having limited capability for work”
    Note- these regulations are included for completeness. The guidance detailed above for ESA should be followed.  
    Receiving certain treatments 
    1. The claimant is receiving– (a) regular weekly treatment by way of haemodialysis for chronic renal failure; (b) treatment by way of plasmapheresis; or (c) regular weekly treatment by way of total parenteral nutrition for gross impairment of enteric function, or is recovering from any of those forms of treatment in circumstances in which the Secretary of State is satisfied that the claimant should be treated as having limited capability for work. 
    In hospital 

    This is the link to the whole document-Work Capability Assessment Handbook 

    I hope this helps.
    Joanne 
    Scope
  • faydhar
    faydhar Community member Posts: 63 Connected
    Hi @Joanne_Scope yes I have come across that information too and we have advised universal credit of this  but they still have not taken this  in to account  they has said just because he has dyalisis   now does not  mean he cannot work in the future  that is why he is not classed as being disabled therefore  does not qualify  for the disability premium on uc  .which makes  no sense. He is never going to be able to go back to.work  he is 60 is not on the transplant  list due to being too poorly specialist have advised it  is very  unlikely  he will be put  bavk on meaning he will be on dyalisis  for the rest of his life. All of his specialists  nurses doctors are disgusted  with how  Uc have been treating him .I mean it seems they wont class him as being  ill  enough untill he's actually on his death bed .utterly  disgraceful 
  • Leigh14
    Leigh14 Community member Posts: 542 Pioneering
    Hi faydhar. I’m sorry to hear that your Dad is having such a difficult time with UC. I hope he gets the correct decision very soon
  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
    Hi @faydhar, so sorry to hear this. How are things at the moment?
    Scope

  • faydhar
    faydhar Community member Posts: 63 Connected
    Hi @Chloe_Scope tbh not great  he had a citizens advice  case worker helping him with his tribunal  but  he's just found out she is leaving and there is no one to pass the case on to so therefore  no help through citizens advice. He's unsure how to present his case to the tribunal  is there any other help out there ?  He has  a 67 page report from the dwp  explaining there is nothing wrong with him in their eyes  but his work coach agrees he is too ill to go to  work focus meetings and has been  postponing  his appointments  but it's getting to the point now he is unable to keep doing so . So in all  they are saying he is well enough to be in the work  focus group then on the same hand saying he's not well  enough so are postponing  .as I see it he's eaither well.enough to be in the  work focus group or he is not.  He's not suddenly going to have full working kidneys out of no where 
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    I'm sorry to hear that. Put your Dad's postcode into this link to see if there's another advice agency local to him for help and support. https://advicelocal.uk/

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • faydhar
    faydhar Community member Posts: 63 Connected
    Hi @poppy123456 I checked the link and it comes up with the citizens advice where they can't help anymore unfortunately  
    I'm going to have  and sort all the evidence and write. It all up to send  just not knowing  how to go about it doesn't help
  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
    I'm really sorry to hear this @faydhar

    Here is information from SupportLine, if they are unable to help then please do let us know!
    Scope

  • faydhar
    faydhar Community member Posts: 63 Connected
    Hey all  here's an update  .my step dad had his tribunal hearing over the phone yesterday and he won his case  . Does anyone know what happens  next   ? How long  does any back pay take.  Also he has been told by uc that even tho he has won his case  to be in the lcwra   he will get back dated money but may have to have another assessment  to get the lcwra rate  going on .to me that does not sound correct 
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    Hello @faydhar. I'm so pleased your dad has finally been awarded at tribunal and will be placed in the LCWRA group. It can take some time for UC to be notified by the tribunal service and even longer for backdated payments to be sent to a decision maker and released. It's worth setting the ball in motion yourself by updating them via his journal about his tribunal win and providing them with evidence (when he receives his decision letter from tribunal). 
    Regarding future payments, until he is reassessed by UC he should continue to receive LCWRA payments going forward. It is standard that people are reassessed but until a new assessment takes place and a decision is made, the tribunal decision should stand and he'll receive the LCWRA element.
    Community Manager
    Scope
  • Lou67
    Lou67 Community member Posts: 6,617 Disability Gamechanger
    @fadhar wat a disgusting way your dad was treated it’s shocking they are still getting away with this, im just glad he has finally won his appeal and hope it all gets sorted soon, I wish him well. 

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