Hi, my nickname is emo! Can I challenge my WCA decision?

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emo
emo Online Community Member Posts: 9 Listener
edited August 2022 in Universal Credit (UC)
I'm new to the group, I have just had my Work Capability Assessment and been classed as LCW, even though I can only sit/stand for short periods of time before my sciatica plays up or right hip will give way, I also struggle to walk a distance without being in pain, I was wondering if I could challenge the decision as I have been signed of work for over a year. Kind Regards Ian 

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  • Tori_Scope
    Tori_Scope Scope Posts: 12,468 Championing
    Welcome to the community @emo! I love your username :D Are you an emo? 

    You should be able to challenge the decision. You can read about that on the Citizens Advice website. Perhaps you could have a look, and let us know what you think? 

    Have you spoken to your work coach yet?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,464 Championing
    Yes, you can request the MR. Have you taken a look at the descriptors for LCWRA? If not then you can see them here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity
    Please note that the mobilising descriptor also takes into consideration your ability to use a self propel wheelchair, so it's not just about your ability to walk.


  • emo
    emo Online Community Member Posts: 9 Listener
    Hi Tori, I'm not an Emo it was what someone called me over 30 years ago and has stuck, I haven't spoken to my work coach yet, got a phone call with them on Monday, I've requested my assessment so I can see what was actually put on it.
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,538 Championing
    That's good @emo, let us know how the call goes on Monday. 

    We can help support you if you need a hand with the MR process as well, if any questions come up, just ask :)
  • SueHeath
    SueHeath Online Community Member Posts: 12,388 Championing
    emo said:
    I'm new to the group, I have just had my Work Capability Assessment and been classed as LCW, even though I can only sit/stand for short periods of time before my sciatica plays up or right hip will give way, I also struggle to walk a distance without being in pain, I was wondering if I could challenge the decision as I have been signed of work for over a year. Kind Regards Ian 

  • SueHeath
    SueHeath Online Community Member Posts: 12,388 Championing
    Welcome to our great group @emo

    I thought for a moment you were talking about me ha ha. I have exactly the same problem and had my medical assessment on Tuesday, just gone, so I am on the waiting game.

    Just out of interest have you had any scans/xrays etc to find out why you have the sciatica ?
  • emo
    emo Online Community Member Posts: 9 Listener
    Hi Sue, I have had x-ray/CT Scan and found I have a bulging disc in my lower back, but they are waiting until I have my hip replacement to see if that helps and go from there.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,922 Championing
    Hi @emo. It is positive to hear you have had an x-ray/CT Scan and your bulging disc was found. 

    How are you feeling about things at the moment? Things sound tough. Hopefully, your hip replacement will help  :)
  • emo
    emo Online Community Member Posts: 9 Listener
    Hi, yeah things are tough, I'm just annoyed that they think I'm ready to look at training to get back to work, "if I was able to work I would" 
  • SueHeath
    SueHeath Online Community Member Posts: 12,388 Championing
    I would challenge it @emo.
  • emo
    emo Online Community Member Posts: 9 Listener
    I'm going to look at challenging it, just waiting on getting the report and speaking to my work coach on Monday 🤔
  • poppy123456
    poppy123456 Online Community Member Posts: 64,464 Championing
    You don't need the assessment report to request the MR. Having this only causes distractions to what you should do.
  • emo
    emo Online Community Member Posts: 9 Listener
    I wanted to see what information they used to reach their decision, as it may be that I didn't expand enough on my answers,  I don't have any additional evidence apart from 'fit notes' for the past year, I want to make sure I get it right 👍 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,464 Championing
    Fit notes are not evidence and will not be accepted as such. Medical evidence isn't needed for LCWRA. Your own real world examples of exactly what happened the last time you attempted that activity will be all that's needed.
    Detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were.

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