Replies

• anisty Member Posts: 171 Pioneering

  March 2020

  This sounds like you have been found fully fit for work.

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• poppy123456 Member Posts: 22,218 Disability Gamechanger

  March 2020

  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?
  

  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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• hello20 Member Posts: 93 Connected

  March 2020

  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.
  

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• poppy123456 Member Posts: 22,218 Disability Gamechanger

  March 2020

  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.
  

  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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• Alice_Holt Member Posts: 46 Courageous

  March 2020

  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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