MR following WCA

marcia_

peteuk said:

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. 

 

 Rubbish my hubby works 28hrs and has limited capacity for work on uc. It means he's not harassed to look for extra hours. 

peteuk

@marcia_
 Rubbish my hubby works 28hrs and has limited capacity for work on uc. It means he's not harassed to look for extra hours. 

Theres a big difference between your husband and the OP.  In your case, your husband is working and so therefor would be found fit to work, the fact that there is limited capacity means that he isn’t pushed to work extra hours.

What the Op is saying is they have been found fit for work, so Ive looked at it in a practical way, they claimed to be self employed - working and also claim that they are studying.  So sure for me they would be found fit for work, in what capacity and for how long is different. 

huckster

I have come across cases where people have been awarded limited capability for work, even though they were employed or self employed. 

It is sometimes possible that people meet the descriptors for limited capability for work (LCW) and be acknowledged they are completing some form of work. Bur the work they are completing may be restricted in what they can do, how long they can do the work, the environment etc.

Some health conditions can vary from time to time  where one day they can work for a few hours and the following days be unable to get out of bed.

Spoonie_Turtle

peteuk said:

@marcia_
 Rubbish my hubby works 28hrs and has limited capacity for work on uc. It means he's not harassed to look for extra hours. 

Theres a big difference between your husband and the OP.  In your case, your husband is working and so therefor would be found fit to work, the fact that there is limited capacity means that he isn’t pushed to work extra hours.

What the Op is saying is they have been found fit for work, so Ive looked at it in a practical way, they claimed to be self employed - working and also claim that they are studying.  So sure for me they would be found fit for work, in what capacity and for how long is different. 

You apparently are not aware of how the WCA is assessed.  It's based on descriptors (similar to PIP, but different criteria) not whether someone has actually been able to find some work compatible with their limitations.

https://www.advicenow.org.uk/get-help/benefits/employment-and-support-allowance-esa/employment-and-support-allowance-esa

[Note that the reference to 'expected to be able to work soon' and 'not expected to be able to work soon' are the ideological underpinnings of the criteria, they don't have any bearing on whether someone does in fact meet either set of criteria.]

Muttleythefrog

Crucially the WCA does not determine whether you are fit to work as such. As advised it looks purely at various activities and associated descriptors to determine if there is a benchmark of limited capability for work and/or work related activity. Working may imply some facts to understand what disablements are present but the criteria for the WCA is clearly set out and can involve someone who does work qualifying for LCW or LCWRA.