UC/ LCW fit note and court attendance queries

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another_casualty
another_casualty Posts: 6,506 Forumite
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in Benefits & tax credits
Howdy !
Today is my first year anniversary of being on universal credit .:bdaycake::bdaycake:
In that time I have declared six monthly fit notes as I have Myasthenia Gravis and my body begins to tire and break down randomly mainly in the afternoons .

I had 2 rejections for ltd capability for work after being assessed.
This meant that my fit note in June last year was ripped up and I'm deemed fit to work . My last and final appeal was sent in November by citizens advice who spent a great deal of time with me and they think I have a case .

In the meantime , I'm on a work related health programme which will hopefully find me part time employment . I'm getting regular phone interviews with job coaches . I'm complying , taking everything on board and complying at all times . I go to the job club , and I've recently enrolled for courses to improve where I can .

The questions I have : 1) it's been 2 months since the final letter of appeal has been sent and I'm still awaiting a date to attend court . Any ideas of how long ?
2) when I spoke to the job coaches they reminded me that I have a fit note till March . I was under the impression that it doesn't matter about fit notes anymore . Should I see dr and get another one ?

My position imho , is that in time I will be able to do a part time morning office / desk type job . I have been unemployed since Nov 2016 when I made life changing decisions . I only claimed universal credit for a year . This work related programme is for people who have been unemployed for over 2 years and that includes health issues also
If I got a job ,I might not be able to do it pending on starting over again after long work gap and myasthenia gravis .

Apologies for long post

Thanks
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  • poppy12345
    poppy12345 Posts: 18,015 Forumite
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    another_casualty wrote: »
    Howdy !
    Today is my first year anniversary of being on universal credit .:bdaycake::bdaycake:
    In that time I have declared six monthly fit notes as I have Myasthenia Gravis and my body begins to tire and break down randomly mainly in the afternoons .

    I had 2 rejections for ltd capability for work after being assessed.
    This meant that my fit note in June last year was ripped up and I'm deemed fit to work . My last and final appeal was sent in November by citizens advice who spent a great deal of time with me and they think I have a case .

    In the meantime , I'm on a work related health programme which will hopefully find me part time employment . I'm getting regular phone interviews with job coaches . I'm complying , taking everything on board and complying at all times . I go to the job club , and I've recently enrolled for courses to improve where I can .

    The questions I have : 1) it's been 2 months since the final letter of appeal has been sent and I'm still awaiting a date to attend court . Any ideas of how long ?
    2) when I spoke to the job coaches they reminded me that I have a fit note till March . I was under the impression that it doesn't matter about fit notes anymore . Should I see dr and get another one ?

    My position imho , is that in time I will be able to do a part time morning office / desk type job . I have been unemployed since Nov 2016 when I made life changing decisions . I only claimed universal credit for a year . This work related programme is for people who have been unemployed for over 2 years and that includes health issues also
    If I got a job ,I might not be able to do it pending on starting over again after long work gap and myasthenia gravis .

    Apologies for long post

    Thanks
    Firstly, it's not a court, it's a Tribunal and you won't be on trial.



    Backlogs are very long in most areas and some are waiting as long as 1 year for a hearing date. You can ring HMCTS and ask approximately how long the wait is for your area but this will only be a guide.


    Fit notes are not usually accepted after you've been found fit for work.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    poppy12345 wrote: »
    Firstly, it's not a court, it's a Tribunal and you won't be on trial.



    Backlogs are very long in most areas and some are waiting as long as 1 year for a hearing date. You can ring HMCTS and ask approximately how long the wait is for your area but this will only be a guide.


    Fit notes are not usually accepted after you've been found fit for work.

    Are you sure about the fit notes during an appeal? I thought you had to continue sending fit notes during an appeal.

    Can't find much info online but will continue looking!
  • another_casualty
    another_casualty Posts: 6,506 Forumite
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    Thanks for your help so far .
    As I say , I think that when the job coach mentioned the fit note till March . That's what threw me . I thought that if I was deemed fit for work then this fit note wouldn't have been mentioned .
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 27 January 2020 at 1:37PM
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    pmlindyloo wrote: »
    Are you sure about the fit notes during an appeal? I thought you had to continue sending fit notes during an appeal.

    Can't find much info online but will continue looking!

    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.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 18,015 Forumite
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    pmlindyloo wrote: »
    Are you sure about the fit notes during an appeal? I thought you had to continue sending fit notes during an appeal.

    Can't find much info online but will continue looking!
    I've heard that some work coaches will not accept fit notes while appealing.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    poppy12345 wrote: »
    I've heard that some work coaches will not accept fit notes while appealing.

    Understand where you're coming from.

    Looking again at the OP's post it does seem that his claimant commitment hasn't been changed since he was found 'fit for work' and they are still taking his health problems into consideration.

    Personally, I would continue to get fit notes and present them and see what they say.

    Would the OP need fit notes if he was found to have LCWRA after appeal in order for back payments to be made? (With LCW I know there would be no back payments)
  • another_casualty
    another_casualty Posts: 6,506 Forumite
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    edited 27 January 2020 at 4:13PM
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    pmlindyloo wrote: »
    Understand where you're coming from.

    Looking again at the OP's post it does seem that his claimant commitment hasn't been changed since he was found 'fit for work' and they are still taking his health problems into consideration.

    Personally, I would continue to get fit notes and present them and see what they say.

    Would the OP need fit notes if he was found to have LCWRA after appeal in order for back payments to be made? (With LCW I know there would be no back payments)

    I'm not sure if I should be trying to get LCW or LCWRA .
    Probably LCWRA after they finally told me after waiting for them to answer my question. I claimed LCW before I as put on a work related programme .
    I wasn't sure what to claim for tbh, and I wasn't immediately told what I was on . Maybe it's LCWRA
  • poppy12345
    poppy12345 Posts: 18,015 Forumite
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    pmlindyloo wrote: »

    Would the OP need fit notes if he was found to have LCWRA after appeal in order for back payments to be made? (With LCW I know there would be no back payments)
    No, if the OP wasn't continuing to send in the fit notes, they wouldn't need to be backdated if they Tribunal decision was LCWRA.
  • poppy12345
    poppy12345 Posts: 18,015 Forumite
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    another_casualty wrote: »
    I'm not sure if I should be trying to get LCW or LCWRA .
    Probably LCWRA after they finally told me after waiting for them to answer my question. I claimed LCW before I as put on a work related programme .
    I wasn't sure what to claim for tbh, and I wasn't immediately told what I was on . Maybe it's LCWRA
    See both descriptors here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity
  • tomtom256
    tomtom256 Posts: 2,219 Forumite
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    another_casualty wrote: »
    Howdy !
    Today is my first year anniversary of being on universal credit .:bdaycake::bdaycake:
    In that time I have declared six monthly fit notes as I have Myasthenia Gravis and my body begins to tire and break down randomly mainly in the afternoons .

    I had 2 rejections for ltd capability for work after being assessed.
    This meant that my fit note in June last year was ripped up and I'm deemed fit to work . My last and final appeal was sent in November by citizens advice who spent a great deal of time with me and they think I have a case .

    In the meantime , I'm on a work related health programme which will hopefully find me part time employment . I'm getting regular phone interviews with job coaches . I'm complying , taking everything on board and complying at all times . I go to the job club , and I've recently enrolled for courses to improve where I can .

    The questions I have : 1) it's been 2 months since the final letter of appeal has been sent and I'm still awaiting a date to attend court . Any ideas of how long ?
    2) when I spoke to the job coaches they reminded me that I have a fit note till March . I was under the impression that it doesn't matter about fit notes anymore . Should I see dr and get another one ?

    My position imho , is that in time I will be able to do a part time morning office / desk type job . I have been unemployed since Nov 2016 when I made life changing decisions . I only claimed universal credit for a year . This work related programme is for people who have been unemployed for over 2 years and that includes health issues also
    If I got a job ,I might not be able to do it pending on starting over again after long work gap and myasthenia gravis .

    Apologies for long post

    Thanks

    You state final appeal letter, have you actually filled out the Form SSCS1 and sent it to the court?

    Have your recevied any letters from the court advising you the appeal has been accepted/lodged?
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