MR following WCA

Cefalu24

Hello,

I recently had my WCA. Afterwards, I received a call from the DWP Decision Maker, who asked for more details about my mental health conditions. I explained that I’ve been prescribed new medication by my GP for my existing conditions and a new one I’m currently struggling with.

Last week I received the decision, which says I’ve been found “Fit for Work.” I disagree with this decision as it doesn’t reflect my current situation, and I’d like to request a Mandatory Reconsideration.

Should I submit my MR request straight away, or wait until I receive a copy of my Health Assessment report (UC85) first? Also, by submitting an MR, would that ease my Universal Credit commitments in the meantime?

Thank you very much for any advice.

huckster

You can submit the MR straightaway and ask for 1 month to submit more information. And you can report another fit note.

And then the Job Centre should wait for the outcome of the MR before requiring you to complete work search requirements.

If you are in contact with any health professionals or support workers regarding your health, you should ask them for any written information they can supply regarding work capability. And submit this for the MR.

peteuk

On a previous thread you noted you were "self-employed" and taking a part time post grad course. Has your "self-Employment" been noted as gainfully self employed and have you been given a 1 yr period start up for your UC.

You also note in that thread that you have 5 hours commitment for search and prepare for gainful employment. Which you note you do and count your self employment as the 5 hours.

Therefore you are fit to work!  As you are already working (Self employed) and studying.  You have the capcity to do this therefore you have the capcity to work in some form. 

As for your Mental health, your new condition needs to be reported to your GP and treated, its very difficult to assess peoples conditions with no evidence. 

 

Muttleythefrog

I would wait for that ESA85 evidence (although be aware of standard timeline for MR request and react if running out of time)... request a copy from DWP  (sounds like you already may have). I would never advise fighting blind of relevant evidence although it is very possible the decision letters itself selectively reproduces some of the content.

I would focus on the relevant descriptors (statements of disability) that apply to you in the MR request. Have a very clear idea of which descriptors apply to you and therefore how you meet the criteria for LCW and/or LCWRA.

Also be aware of Pete's comment above. Although the WCA doesn't as such measure ability to work but rather disablements that might restrict or make such more difficult it is often true for both the WCA and indeed PIP that one's working activities will be considered as material facts in assessing levels of disablement, illness and difficulties. So if health has recently declined along with working capacities then I would be keen to point this out in any submissions or assessments. Any evidence of current medical problems that are supportive including diagnosis, treatment documents can be helpful but ultimately persuasion of the impacts on activities of the WCA (or any special circumstances criteria) is all that matters.

While MRs can be successful the rates of success are higher at subsequent appeal tribunals which are independenf.

Cefalu24

Muttleythefrog said:

I would wait for that ESA85 evidence (although be aware of standard timeline for MR request and react if running out of time)... request a copy from DWP  (sounds like you already may have). I would never advise fighting blind of relevant evidence although it is very possible the decision letters itself selectively reproduces some of the content.

I would focus on the relevant descriptors (statements of disability) that apply to you in the MR request. Have a very clear idea of which descriptors apply to you and therefore how you meet the criteria for LCW and/or LCWRA.

Also be aware of Pete's comment above. Although the WCA doesn't as such measure ability to work but rather disablements that might restrict or make such more difficult it is often true for both the WCA and indeed PIP that one's working activities will be considered as material facts in assessing levels of disablement, illness and difficulties. So if health has recently declined along with working capacities then I would be keen to point this out in any submissions or assessments. Any evidence of current medical problems that are supportive including diagnosis, treatment documents can be helpful but ultimately persuasion of the impacts on activities of the WCA (or any special circumstances criteria) is all that matters.

While MRs can be successful the rates of success are higher at subsequent appeal tribunals which are independenf.

Thank you very much for this - it’s really helpful. I’ve now received a copy of my UC85, and it’s full of made-up stories and missing details. It also completely dismisses my new condition. There is some truth in it as well, but overall it’s very inaccurate. What should I do in this case? The session wasn’t recorded.

You mentioned having “a very clear idea of which descriptors apply to you.” Where can I find information on these, please?

KxMx

You need to go through it with a fine tooth comb, and write out (with no emotion) anything that is inaccurate, contradicts anything elsewhere they wrote or your evidence, missing etc. 

Tailor to the descriptors where possible. 


The descriptors are here:

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work 

Remember also that if a claimant cannot do an activity reliably, repeatedly, safely and in a timely manner for more than 51% of the time, they are treated as unable to do the activity at all. 

Muttleythefrog

Cefalu24 said:

Muttleythefrog said:

I would wait for that ESA85 evidence (although be aware of standard timeline for MR request and react if running out of time)... request a copy from DWP  (sounds like you already may have). I would never advise fighting blind of relevant evidence although it is very possible the decision letters itself selectively reproduces some of the content.

I would focus on the relevant descriptors (statements of disability) that apply to you in the MR request. Have a very clear idea of which descriptors apply to you and therefore how you meet the criteria for LCW and/or LCWRA.

Also be aware of Pete's comment above. Although the WCA doesn't as such measure ability to work but rather disablements that might restrict or make such more difficult it is often true for both the WCA and indeed PIP that one's working activities will be considered as material facts in assessing levels of disablement, illness and difficulties. So if health has recently declined along with working capacities then I would be keen to point this out in any submissions or assessments. Any evidence of current medical problems that are supportive including diagnosis, treatment documents can be helpful but ultimately persuasion of the impacts on activities of the WCA (or any special circumstances criteria) is all that matters.

While MRs can be successful the rates of success are higher at subsequent appeal tribunals which are independenf.

Thank you very much for this - it’s really helpful. I’ve now received a copy of my UC85, and it’s full of made-up stories and missing details. It also completely dismisses my new condition. There is some truth in it as well, but overall it’s very inaccurate. What should I do in this case? The session wasn’t recorded.

You mentioned having “a very clear idea of which descriptors apply to you.” Where can I find information on these, please?

Your experience regarding the assessment isn't uncommon sadly. But yes focus on how you do qualify. I am concerned about the language in your second paragraph as if you haven't known what disablements you have relevant to WCA then I don't know how you've approached trying to qualify or convince an assessor you trigger descriptors. However... CAB website is good for general guidance.... but here is the activities and descriptors in link below. Have a very good clear idea of which ones apply to you in each activity and then you describe your difficulties relevant including pointing at any supporting evidence and provide examples of how you are affected when you try to do the activities. Try not to get particularly distracted by the assessor report - often it feels like it should be taken apart in an MR or appeal but perhaps a positive approach to how you do qualify is much more effective.

Cefalu24

Muttleythefrog said:

Cefalu24 said:

Muttleythefrog said:

I would wait for that ESA85 evidence (although be aware of standard timeline for MR request and react if running out of time)... request a copy from DWP  (sounds like you already may have). I would never advise fighting blind of relevant evidence although it is very possible the decision letters itself selectively reproduces some of the content.

I would focus on the relevant descriptors (statements of disability) that apply to you in the MR request. Have a very clear idea of which descriptors apply to you and therefore how you meet the criteria for LCW and/or LCWRA.

Also be aware of Pete's comment above. Although the WCA doesn't as such measure ability to work but rather disablements that might restrict or make such more difficult it is often true for both the WCA and indeed PIP that one's working activities will be considered as material facts in assessing levels of disablement, illness and difficulties. So if health has recently declined along with working capacities then I would be keen to point this out in any submissions or assessments. Any evidence of current medical problems that are supportive including diagnosis, treatment documents can be helpful but ultimately persuasion of the impacts on activities of the WCA (or any special circumstances criteria) is all that matters.

While MRs can be successful the rates of success are higher at subsequent appeal tribunals which are independenf.

Thank you very much for this - it’s really helpful. I’ve now received a copy of my UC85, and it’s full of made-up stories and missing details. It also completely dismisses my new condition. There is some truth in it as well, but overall it’s very inaccurate. What should I do in this case? The session wasn’t recorded.

You mentioned having “a very clear idea of which descriptors apply to you.” Where can I find information on these, please?

Your experience regarding the assessment isn't uncommon sadly. But yes focus on how you do qualify. I am concerned about the language in your second paragraph as if you haven't known what disablements you have relevant to PIP then I don't know how you've approached trying to qualify or convince an assessor you trigger descriptors. However... CAB website is good for general guidance.... but here is the activities and descriptors in link below. Have a very good clear idea of which ones apply to you in each activity and then you describe your difficulties relevant including pointing at any supporting evidence and provide examples of how you are affected when you try to do the activities. Try not to get particularly distracted by the assessor report - often it feels like it should be taken apart in an MR or appeal but perhaps a positive approach to how you do qualify is much more effective.

https://assets.ctfassets.net/vms0u05139aw/pip_descriptors.pdf/93820be60dcc6420191292ed56e2c95f/pip_descriptors.pdf

Thank you very much. I’ll try not to get myself too worked up about the assessor’s report. And I’m sorry if my notes weren’t clear - I haven’t been assessed for PIP, and I don’t know much about it at all. From what I’ve read, I wouldn’t qualify anyway. What I had was just a Work Capability Assessment, as I have a long-term mental health condition and some new ones.

Cefalu24

KxMx said:

You need to go through it with a fine tooth comb, and write out (with no emotion) anything that is inaccurate, contradicts anything elsewhere they wrote or your evidence, missing etc. 

Tailor to the descriptors where possible. 


The descriptors are here:

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work 

Remember also that if a claimant cannot do an activity reliably, repeatedly, safely and in a timely manner for more than 51% of the time, they are treated as unable to do the activity at all. 

Thank you very much, this is really helpful. And it is good to know about the 51% rule when it comes to being able to do an activity reliably.

KxMx

@Muttleythefrog OP didn't apply for PIP, they are receiving Universal Credit and went through the Work Capability Assessment process. 

Muttleythefrog

KxMx said:

@Muttleythefrog OP didn't apply for PIP, they are receiving Universal Credit and went through the Work Capability Assessment process. 

dear me... thanks.... cross posting in my mind. Apologies for any confusion to the Op...I've tidied up above to remove some of that..  had in my head you'd applied for PIP. Similar advice remains regarding focus on descriptors and activities... that qualify for LCW (limited capability for work) and LCWRA (Limited capability for work related activity) and try not to get too distracted by what sounds like a familiar problem of inaccurate WCA assessor report. MR may well fail but appeal tribunal later will seriously consider all evidence including your testimony and so I would take the MR seriously as effectively your likely necessary step to that with anything otherwise a bonus.