Universal credit help!!

So ive been on Universal credit since september 2018, I have mental health issues and am claiming pip. Ive been supplying the job advisor with sick notes from my GP and this one ends in march. Yet my last appointment she said sick notes mean nothing you are fit for work and have to look for work? Ive not had my health assessment yet to see what group im in yet shes saying im fit for work? What can i do? Do sick notes mean nothing now? And can I claim esa instead do you think this would be better? Any help would be great thanks

Comments

  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    What does you claimant commitment say as regards looking for work and the hours you are expected to do?

    Have you completed a work capability form?
  • tomtom256
    tomtom256 Posts: 2,216 Forumite
    First Anniversary Name Dropper First Post
    Donewith1 wrote: »
    So ive been on Universal credit since september 2018, I have mental health issues and am claiming pip. Ive been supplying the job advisor with sick notes from my GP and this one ends in march. Yet my last appointment she said sick notes mean nothing you are fit for work and have to look for work? Ive not had my health assessment yet to see what group im in yet shes saying im fit for work? What can i do? Do sick notes mean nothing now? And can I claim esa instead do you think this would be better? Any help would be great thanks

    They can only say this if you have had your assessment. What they may mean is you need to look at work preparation activities i.e. CV's, courses etc.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
    Name Dropper First Anniversary First Post
    tomtom256 wrote: »
    They can only say this if you have had your assessment. What they may mean is you need to look at work preparation activities i.e. CV's, courses etc.

    I am not sure that this is strictly true.

    A fit note or being in receipt of PIP does not mean that you are not fit for work.

    The results of your WCA will indicate whether you are fit for work or can do work related activities.

    Whilst work coaches are supposed to be reasonable in their expectations of what you can do whilst waiting for your WCA when having a fit note many work coaches ignore this.

    Hence my question about what you are being asked to do as part of your claimant commitment.

    I am not being intrusive but did you explain to your work coach your limitations in work expectations? Did you show them your PIP assessment/medical evidence to back this up?

    Of course the work coach may say that it is not their job to decide on your fitness for work but this information may help them.

    For example, your fit note may say 'Depression'. Your work coach is not medically trained so may not understand the severity of your illness. Some information about it may help.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Donewith1 wrote: »
    And can I claim esa instead do you think this would be better?

    The only type of ESA available is new style ESA which is a contribution based benefit. You would only be able to claim if you meet the NI contribution conditions for 2016-2018. ESA does not include any help with your rent. The assessment process to determine whether you are accepted as having Limited Capability for Work is the same as for UC.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • huckster
    huckster Posts: 4,809 Forumite
    First Anniversary Name Dropper First Post
    pmlindyloo wrote: »
    I am not sure that this is strictly true.

    A fit note or being in receipt of PIP does not mean that you are not fit for work.

    The results of your WCA will indicate whether you are fit for work or can do work related activities.

    Whilst work coaches are supposed to be reasonable in their expectations of what you can do whilst waiting for your WCA when having a fit note many work coaches ignore this.

    .

    Agree.

    If the claimant commitment has not been tailored to suit the current circumstances of the claimant, then a complaint can be made to the Job Centre manager. The claimant can phone Universal Credit or visit the Job Centre to register the complaint. Visit Gov.uk for full details of how to complain.

    Some work coaches will switch off work search requirement for a period and wait to see what the outcome of the work capability assessment is. Just because someone has a PIP award does not mean that they will be awarded limited capability for work or the higher award including work related activity. If the outcome is not the one you wanted, then you will have to request mandatory reconsideration of the decision.

    Please note that it can take 6 weeks or more following an assessment, for the decision letter to be added to a Universal Credit journal.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • tomtom256
    tomtom256 Posts: 2,216 Forumite
    First Anniversary Name Dropper First Post
    pmlindyloo wrote: »
    I am not sure that this is strictly true.

    A fit note or being in receipt of PIP does not mean that you are not fit for work.

    The results of your WCA will indicate whether you are fit for work or can do work related activities.

    Whilst work coaches are supposed to be reasonable in their expectations of what you can do whilst waiting for your WCA when having a fit note many work coaches ignore this.

    Hence my question about what you are being asked to do as part of your claimant commitment.

    I am not being intrusive but did you explain to your work coach your limitations in work expectations? Did you show them your PIP assessment/medical evidence to back this up?

    Of course the work coach may say that it is not their job to decide on your fitness for work but this information may help them.

    For example, your fit note may say 'Depression'. Your work coach is not medically trained so may not understand the severity of your illness. Some information about it may help.

    Until you have a WCA, you need to keep providing a MED3, the work coach should turn off the work search and prep requirements for the first 14 days and after that they can turn either one back on, however until such time that WCA states you are fit for work, the work coach can not state that you are fit for work.

    They can "treat" you as being fit for work, but should still only be looking at getting you job ready until such time you either pass or fail a WCA and should tailor your commitments accordingly.
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