UC/ LCW fit note and court attendance queries

another_casualty

Thanks for raising those points Tom Tom .
At the present time , I have filled in mandatory reconsideration .
This was refused , so I downloaded form ( possibly the one you mentioned , I'll have to check ) and cab helped complete and this was sent . On that form it did state that I would have to attend a tribunal .
That is where I am right now .
More info tomorrow if needed . Tired now .

tomtom256

another_casualty wrote: »

Thanks for raising those points Tom Tom .
At the present time , I have filled in mandatory reconsideration .
This was refused , so I downloaded form ( possibly the one you mentioned , I'll have to check ) and cab helped complete and this was sent . On that form it did state that I would have to attend a tribunal .
That is where I am right now .
More info tomorrow if needed . Tired now .

Thats fine, it will just be a waiting game. some areas have a large backlog.

speedfreek1000

calcotti wrote: »

Sending Fit Notes during appeal was essential when receiving ESA pending appeal. Like you I am not sure for UC but without a Fit Note perhaps there would be a question about whether claimant was ill throughout the period between WCA decision and tribunal decision.

I certainly can’t see any harm in supplying them if GP is willing to provide them. With an understanding work coach I would have thought a Fit Note might be useful even if WCA has said Fit for Work.

Under ESA we saw a single continuous claim - whilst the DWP split the claim into administrative chunks. So any decision would end the previous chunk and start a new one - it's why their letters stating you do not have to provide fitnotes on a negative ESA decision whilst misleading were in their eyes correct. As the fitnotes you were supplying were for the now closed by the decision chunk. If you appealed this was technically a new chunk separate from the previous chunk so required new fitnotes.

I'd expect UC to be run on very similar lines so fit notes would be needed until the outcome of any reconsideration or appeal was decided.

But this process now has the added bonus of the claimant commitment. This is supposed to be individually tailored for each person and also take into account any restrictions a person has be that health/caring/child related. So a fitnote should be considered as part of that process.


CPAG has a few template letters for use if you think your claimant commitment is wrong or have been unfairly sanctioned because of it.

https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/claimant-commitment-uc

another_casualty

Thanks speedfreek. Will look into that link later
I'm surrounded by paperwork , and will be going to college soon to do a course shortly . While checking everything , I came across a letter from HM Courts &Tribunal Services on 15/11/19 acknowledging my appeal which was received by them on 14/11/ 19 at the Cardiff Tribunal Centre . They of course have directed me to a poole venue which is my area.

It does seem so far that UC and Seetech pluss( the work related programme ) , while being constantly on my case do understand that I have a disability albeit a rare one . It seems that they want to find me employment ASAP but will monitor me if I get a position whenever that is . It seems like I should just provide another fit note in March and see what gives . I'll check back later to see if there are is any more guidance from yourselves in the meantime .
Thanks

speedfreek1000

yeah I sort of didn't explain the above as well as I could.

I think this is how it works but I could be wrong so......

Think about the fitnote as an enabler for as long as a valid one is provided and in play.

Now initially it will effect your claimant commitment (CC) and restrictions should be agreed and a new CC created to reflect this.

After 3 months of valid fit notes it should trigger the UC WCA.

If you're successful and are awarded Limit Capacity for Work (LCW) the need for fit note will stop and a new CC will be formalised for the duration of the LCW award.

If you fail the WCA and appeal then you'd still require a valid fitnote for the whole time you are claiming LCW. You would also require fitnotes again if you failed a future WCA for the same reason.

Now your modified CC should/will continue for as long as you provide valid fitnotes.

When they stop or if your condition changes (so differing fitnote) you then have to negotiate a new CC from that point. If you are still awaiting an appeal after failing the WCA the appeal will still run and is valid but the award for LCW ends when your last fitnote runs out.

Note you only get extra money if you are awarded Limited Capacity for Work Related Activity or the Support Group in old terms.

How all that works in practice is.......... I'm also unsure what happens if you declare a worsening/improving condition as in theory it should trigger a new WCA separate to your original WCA.

Whoever said that this was a simpler benefit was lying :rotfl: