Universal Credit "Medical"/Assessment - Should I Be Worried ?

jasonwatkins

To try and keep this brief, I was on ESA for a long time and had my WCA in January this year which I failed.

It took them a few months to tell me the inevitable, but this time, i'd only fallen 3 points short of the threshold so I jumped through the various hoops and I'm currently waiting for a tribunal date for both ESA and PIP.

Unfortunately, I had no choice but to go on to Universal Credit at that point and I was told that I would need another assessment or "medical" so I did what I had to do with that, did all the forms and sent them off.

I got a call about an hour ago inviting me to attend this week on Thursday or Friday, which I had to decline as it wasn't enough time to arrange for someone to come with me, but it's obviously going to happen in the next few weeks.

I suspect i'm also going to fail this one, as i've failed every WCA assessment i've ever had and had to appeal it, but I'm extremely worried about what happens afterwards.

I understand that it works in largely the same way as the WCA's in that I can ask for a mandatory reconsideration and then go to an appeal tribunal, but would anyone know what happens to the Universal Credit payments in the mean time ?

I'm already struggling badly financially and moving on to UC has also left me in massive rent arrears as well, so if this payment is cut any more then it'll pretty much finish me off.

Any information would be most welcome, or any links as well. Thanks.

calcotti

jasonwatkins wrote: »

I understand that it works in largely the same way as the WCA's in that I can ask for a mandatory reconsideration and then go to an appeal tribunal, but would anyone know what happens to the Universal Credit payments in the mean time ?

The outcome of the WCA only affects your UC amount if you are found to have Limited Capability for Work and Work Related Activity in which case you receive an additional amount (the LCWRA element). Your existing UC award, which does not include this element, will not be reduced by the outcome of the WCA.

What the outcome of the WCA will also affect is the expectations the DWP have in respect of work search requirements.

jasonwatkins

calcotti wrote: »

The outcome of the WCA only affects your UC amount if you are found to have Limited Capability for Work and Work Related Activity in which case you receive an additional amount (the LCWRA element). Your existing UC award, which does not include this element, will not be reduced by the outcome of the WCA.

What the outcome of the WCA will also affect is the expectations the DWP have in respect of work search requirements.

Thanks for that.

I've been appropriately forewarned about the change of attitude with regards to the work search as well which i'm not looking forward to.

I'm worried about being forced in to *any* job that pays, but I suppose that's a whole other thread.

Sheepski

May I ask why you're appealing the initial ESA decision if you then went to claim UC?

Is it just a principle thing? Only asking as once on UC you won't be put back to ESA if successful at tribunal and they'll only backdate any lost money from the decision date to the date you claimed UC.

calcotti

Sheepski wrote: »

May I ask why you're appealing the initial ESA decision if you then went to claim UC?

Is it just a principle thing? Only asking as once on UC you won't be put back to ESA if successful at tribunal and they'll only backdate any lost money from the decision date to the date you claimed UC.

That seems reason enough to appeal to me (unless the period of time is very short).

jasonwatkins

Sheepski wrote: »

May I ask why you're appealing the initial ESA decision if you then went to claim UC?

Is it just a principle thing? Only asking as once on UC you won't be put back to ESA if successful at tribunal and they'll only backdate any lost money from the decision date to the date you claimed UC.

I was always going to appeal the original ESA WCA decision because i've had to appeal every one i've had so far (the one in January was my third).

I was aware of the situation regarding Universal Credit and the fact you can't go back on to ESA once on it, but I simply didn't have a choice. I was faced with five weeks without any money or going on to Universal Credit and all it entails.

Believe me, it's not a decision I took lightly, but I had to do it.

Sheepski

Usually the period is about a week, by the time the letter arrives and you've had a couple of days to ponder the information. I've never thought going through the court system and waiting up to a year is worth £73 to £130 with all the stress and annoyance involved, let alone the cost to the courts.

But if it's worth it to the OP, then fine, was just asking.