Uc assasement

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hello20
hello20 Online Community Member Posts: 98 Connected
in Universal Credit (UC)
Please explain 

you do not have limited capability for work mean 

Comments

  • anisty
    anisty Online Community Member Posts: 836 Championing
    This sounds like you have been found fully fit for work.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    HI,

    I'm assuming you've recently had a work capability assessment, is that correct? If so then it means you've been found fit for work. What exactly does it say on your journal?
  • hello20
    hello20 Online Community Member Posts: 98 Connected
    Thank you for replying 
    recently had a assasement 

    Following your Work Capability Assessment we’ve decided that you do not have limited capability for work and may be able to do some type of work.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    This means that they have found you fit for work. The LCWRA element that you were receiving will now stop.

    You now have 1 month from the date of the decision to request the mandatory reconsideration (MR) you should write this request on your journal stating why you think you should have been given LCWRA. If you know the reasons why you were previously placed into this group and they still apply then i'd concentrate on those reasons.

    Do be aware that most MR decisions remain the same so it's likely you'll have to take it to Tribunal. Appearing in person will give you the best chance of a decision in your favour.
  • Alice_Holt
    Alice_Holt Online Community Member Posts: 46 Contributor
    Just to add to poppy's advice.
    You can also use this form to ask for a mandatory reconsideration of the decision to find you fit for work:
    https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF

    I would suggest you do use the form, and keep a copy. It's sometimes helpful to have physical proof, should the DWP be difficult. 

    You can find the LCWRA criteria here:
    https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

    I believe that there is recent tribunal case-law stating that downgrading an disability benefit award requires careful justification. So if you do proceed to an appeal the onus may be on the DWP to show the decision to find you fit for work was based on sound grounds. Not just the informal observations of the assessor, around your appearance / reactions on the day of the assessment.

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