Hi, my name is Tiaellieskye! Does anyone know this process?

Tiaellieskye
Tiaellieskye Online Community Member Posts: 20 Listener
edited December 2022 in Universal Credit (UC)
Hello all... Hope you are well on this lovely cold morning 🥶 I'm New to the group. Just wondering if anyone knows the process of failing one UC assessment for being ill with sick notes. To being refused, then an operation triggers another sick note(same problem) and the same process? Even though I'm appealing against the first one, at tribunal. 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing
    An operation won't trigger another assessment. If you were found fit for work previously then a fit note for the same condition will not be accepted. It needs to be a significant worsening of an existing condition or a completely new condition.
    If you report a worsening of condition now and you're referred for another work capability assessment, it will be the same process as before. If you're found fit for work again the process starts all over again. Also any new decision on a new WCA will overrule the Tribunal decision.
    You need to get some expert advice before reporting any changes. Start here. https://advicelocal.uk/

  • Tiaellieskye
    Tiaellieskye Online Community Member Posts: 20 Listener
    Oh ya kidding! They made me add changes/worsening things last week. I have multiple problems. Things awaiting surgery after the surgery I have had.
    The tribunal court told me on the pbone the two would be linked together?
    Thank you for your reply 😊 appreciated muchly 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing
    Tiaellieskye said:

    The tribunal court told me on the pbone the two would be linked together?


    Are you sure they told you that? Quite shocking if that's true. They can't link them together because it would be a worsening of condition or a new condition. The Tribunal will not take any of this into consideration.
  • Tiaellieskye
    Tiaellieskye Online Community Member Posts: 20 Listener
    The job centre wouldn't accept my 3rd sick note until I put that my other conditions had worsened. Then told me to go back Dr's and have all my problems put on it, rather than just post surgery and depression.. After that told me to go back Dr's and have him change my sick note with all added. Dr refused, said its a legal document and they need to Contact him if they want it changing. They said no. Leave it to your next sick note in a month then. They have blown my brains. I can't grieve for my mum and brother that recently died and my aunt bcus I'm permanently stressed by them.
    Yes the tribunal chap on the phone said they will probly link the 2 together. Because I said. I have had to fill the forms in again bcus sick notes triggers it. BUT! Job centre has just said ur not having another assessment unless u put worsening things on sick note 🤦‍♀️🤷‍♀️
  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing
    Your work coach is correct once you’ve been found fit for work then further fit notes will not be accepted unless it’s either for a worsening of an existing condition or a completely new condition. 
    As I previously advised what you were told by HMCTS is incorrect they don’t join both claims together. 
  • Tiaellieskye
    Tiaellieskye Online Community Member Posts: 20 Listener
    OK thank you 👍
  • durhamjaide2001
    durhamjaide2001 Scope Member Posts: 15,415 Championing
    I'm sorry you are going through all this. 
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,922 Championing
    You are welcome @Tiaellieskye. It is the very least you deserve.

    Please don't hesitate to let us know if there's anything else we can do to support you. We are all here for you and listening to you. 

    Thanks @durhamjaide2001 for your support. It is people like you who make this community the supportive and friendly space it is  :)
  • Tiaellieskye
    Tiaellieskye Online Community Member Posts: 20 Listener
    I just thought... You did know I meant dwp putting the 2 together not the courts?
    Also dwp send me the second assessment form to fill in after my sock notes. 
    They said to my mp with the one the rejected, that I never mentioned depression. But I did at my assessment. And my Dr said I was showing signs of it. So depression was completely out of the first one. But added to my new sick notes but not accepted as a new problem 🙄 for an assessment. Is depression not counted?  
  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing
    Having already been found fit for work then DWP could make that same decision again. It's not about a diagnosis but how your conditions affect your ability to do any type of work.
    If you've received your 2nd WCA form then your fit notes must have been accepted, what's on your fit notes really makes no difference anyway because a fit note isn't evidence that you're not fit for work.
    Reporting changes just complicates everything.
    Any new decision made on the new WCA will overrule the Tribunal decision.
  • Tiaellieskye
    Tiaellieskye Online Community Member Posts: 20 Listener
    OK thank you. It's just all so complicated when this is all alien and you've worked all your life. Thanks 👍
  • Tiaellieskye
    Tiaellieskye Online Community Member Posts: 20 Listener
    Sorry I have apd so it's always an after thought.
    I did have the first 2 sick notes accepted and a new assessment form after my operation. (long recovery on spine) in the mean time the tribunal courts contacted dwp then my 3rd sick note was rejected?????
    And they made me change my health conditions. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing
    The Tribunal will have nothing to do with DWP refusing your fit notes. 
  • Tiaellieskye
    Tiaellieskye Online Community Member Posts: 20 Listener
    I know. 

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