Universal Credit/sick notes

Pinksy1

Hi, I’m looking for info regarding universal credits. My brother has been signed off sick continually for almost the last 11 months. He had a car accident which caused a stroke and a broken right collar bone. He’s currently waiting for an operation on his broken collar bone: his sick note relates to this. He is unable to use his right arm to any great extent - he can only raise it to the top of his thigh. He’s right handed.
He’s impaired from his stroke too: mainly verbal recall and memory.

He has been told by Capita/universal credit that once this sick note runs out in 2 months time he must look for work. Even though his GP doesn’t think he’s fit for work.
UC have said ‘you may be able to find some type of work.’ 

It’s unlikely that any employer would recruit someone whose right collar bone is broken - who has very limited use of their right arm and who is in constant pain.

can anyone offer any thoughts or info relating to whether this is standard practice. And whether UC can override a GP sick/fit note?

for added info - he applied for PIP but wasn’t successful.

many thanks in advance 

Rubyroobs

It sounds like they have found him fir for work following a work capability assessment ? if so then has he considered doing a mandatory reconsideration, this means asking the DWP to look at their decision again. He can get help from CAB or similar. It's not standard practice for this to happen - DWP will make their decision on his assessment and any medical evidence he submitted in support of his claim.

Spoonie_Turtle

For UC the DWP decision from a Work Capability Assessment does overrule a GP's opinion.

Help would be advisable to determine whether it's worth challenging the decision, and it may be useful to understand that the WCA is determined based against specific criteria
https://www.advicenow.org.uk/get-help/benefits/employment-and-support-allowance-esa/employment-and-support-allowance-esa

By the sounds of it, his main condition for the WCA will be the effects of the stroke rather than being unable to use one arm, as being able to use the other arm will mean he probably doesn't score any points 'just' for not being able to use one.

huckster

Agree, ask for mandatory reconsideration (MR) and keep providing fit notes while the GP believes he cannot work. As part of the MR process it is very important to provide more information on the health issue that could cause more issues in regard to work. E.g. Stroke impacts. 

Your Brother can ask UC for a copy of the Work Capability Assessment report and this may help identity areas for the MR process. 

Even if the Job Centre do expect work search, this can be attending related appointments (by phone call if reasonable adjustment) and providing details of online job searches. The DWP Find a Job search site enables people to search for disability confident employers who may have local vacancies.

Newcad

I think we need more clarity here on just what has happened.

@pinksy1, Has your brother had a Work Capability Assmessent? That would have been done by Capita either over the phone or in person.

If they have then what was the decision? Was it 'Fit-for'Work' or was it 'Limited Capability for Work' (LCW).
It obviously wasn't 'Limited Capability for Work and work related Activity' (LCWRA).

From what you have said I would guess at 'Limited Capability for Work' (LCW), whuch means that he can't work now but may be able to in future.

If he has been found LCW then he does not have to actively look for work or apply for jobs.
However he will have to do some 'Work Related Activities' such as writing a new CV, looking at what is on the jobmarket that he might be able to do, and so on. He will also have to talk to a Work Coach every 3 monts or so either on the phone or at the jobcentre.

If he feels that he should have been found LCWRA, which would mean that he doesn't have to to the work related activities (and which would give extra money too) then he needs to request a MR and if the DWP won't change their minds then appeal to the tribunal.

I suggest that he will need help from an advisor if he wants to go to appeal.