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Need some advice about work capability assessment

27 replies

Coulddowithadvice · 15/01/2021 13:47

I'm currently off sick from work with complex PTSD. I also have EDS. So I applied for Universal Credit, and they've sent me out a limited capability for work form.

Can anyone give me some advice on filling it out, and also how to get hold of a tape recorder that's allowed by their rules, in case of a face to face Interview?

The complications of my two conditions mean that my physical capabilities vary widely depending on whether I'm injured and depending on what part of me is injured. And my mental health varies depending on triggers, stress, anxiety levels etc. I can't see how to answer the questions with such day to day variability

OP posts:
Mumadof3 · 31/01/2022 13:31

Can I ask what the outcome was for you in the end. Currently going threw the same for bipolar and anxiety

CorrBlimeyGG · 31/01/2022 13:35

Mumadof3, contact CAB for help with the form.

Babyroobs · 31/01/2022 13:38

They are looking at whether you are fit for any kind of work.
There is one section of the form that is specifically for mental health so concentrate on that if mental health is mainly the problem.
Perhaps get help from CAB with filling in the form.
The form says do not send medical evidence but whenever I have helped clients to complete the Uc50 form, I have sent medical reports with the form and this was what I was trained by CAB to do.
If abilities vary then just explain that in the sections. If doing a type of work is likely to cause you substantial harm or risk then explain that. If you have medical reports from mental health professionals then send those . If you are having therapy there is a section to put that.

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Mumadof3 · 31/01/2022 13:59

All seems way too much :/ I have a young toddler aswell to look after and bf works so I'm not required to look for work. just since I had to quit my job after being signed of sick for a while and bf having to keep taking time of to care for me and youngest it's a struggle financially. I can feed myself and move around ect so guess they will fail me based on just that seems very hard to get for mental illness. Someone said maybe its pip I should be claiming

Mumadof3 · 31/01/2022 14:02

Already had two month sick note sent off to them by gp but debating continuing this form just seems pointless from what ive read most people are rejected with mental health issues

Babyroobs · 31/01/2022 16:39

@Mumadof3

Already had two month sick note sent off to them by gp but debating continuing this form just seems pointless from what ive read most people are rejected with mental health issues
It is not pointless. If you are awarded Limited capability for work and work related activity it is an extra £343 on your Uc claim each month. many people are awarded LCWRA based on mental health conditions. They are looking at your ability to work not whether you can feed yourself or move about.
Mumadof3 · 31/01/2022 17:33

@babyroobs thanks for the reply. I've just got a referral done for citizens advice to help me so hopefully they are good and can help me with the form.

Mumadof3 · 31/01/2022 17:42

All paper work I have has alot of personal information on so not too sure about sending that off tbh. I havent got anything that just states my conditions. Hopefully it will be fine without the paperwork and just being signed off will help

PerkingFaintly · 31/01/2022 17:45

Sorry, I don't feel well enough to check current situation, but when I've had a WCA for ESA, I have been able to demand that the assessor ( ATOS/Capita ) has provided the recording equipment, and they have done so.

I wrote my requirement for this in an "any other info" box at the end of the form (which I posted Signed For).

When I received the interview letter, I wrote back immediately saying, "Ta, just to remind you you'll be recording this interview." That also went Signed For.

On one occasion, my reminder letter caused them to re-schedule the interview. I know they had a shortage of recorders at the time, so I guess they'd ignored my perfectly legal demand.

I took my photocopies of the form and my reminder letter along to the interview, in case of trouble on the day, but it wasn't a problem. I think the dodgier assessors try to avoid doing the interviews which are recorded.

The recorders during my interviews have created DVDs: one copy for them, one for me. I had to sign a form at reception saying I wouldn't use the recording for anything except an appeal.

Mumadof3 · 31/01/2022 19:16

@Perkingfaintly I wonder why I would need to record ? I will be taking someone with me anyway I'm not sure I could record it maybe if i had to appeal i would

PerkingFaintly · 31/01/2022 19:30

I record because ATOS are lying turds.

Unless things have changed, they're also working with dodgy software whereby you can end up with material from someone else's interview in your file. (Obvious stuff like, "He took medication from his backpack during the interview", when you're a woman and didn't take any medication at all.)

Taking a witness in to take notes is great.

You are legally allowed to do this, but one of the turdier assessors, whom I encountered more than once, tried to stop another woman in the waiting room from having her companion in. When I went in, he tried very hard to stop me writing down my own notes.

I called his bluff. But I only had the confidence to do that because I've been round the block so many times, and because I had enough financial cushion at the time to survive to the end of a long complaints process.

Mumadof3 · 31/01/2022 19:44

@Perkingfaintly I feel like I'm a scared little mouse and my anxiety will get the better of me on the day. I know my mum didnt get called into a face to face however her medical issues are alot and very obvious. Hopefully they arent doing face to face atm and it will be over the phone that would be better or ive heard they will some times come to your home instead

PerkingFaintly · 31/01/2022 19:52

You're doing absolutely the right thing having someone with you.

Lots of good luck for the whole thing.Flowers

Mumadof3 · 31/01/2022 19:55

@Perkingfaintly thank you so much.

Puttanescafrancesca · 31/01/2022 20:07

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Message withdrawn at poster's request.

Mumadof3 · 31/01/2022 20:58

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Mumadof3 · 31/01/2022 21:02

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Mumadof3 · 05/02/2022 08:56

I've been asked to attend a face to face at my local job centre ! Could anyone on here advice me what to do I hardly leave the house I have asked them if I can have it by phone call instead. Am I in my rights to do this ? This is so much I cant even think straight with the thought of having to go into town. How pathetic is that. I have diazipam I can take.

Mumadof3 · 05/02/2022 08:57

@perkingfaintly do you have any advice. Sorry to ask but you've been very helpful for me with your info

PerkingFaintly · 05/02/2022 09:07

OK, a face to face at the JobCentre doesn't sound like a Work Capability Assessment by a medical professional.

I have had a telephone interview with a JobCentre person at one stage. They had demanded I come in.

I wrote back (sent Signed For, kept my own copy) saying that due to the chronic illness for which I was claiming the Incapacity Benefit, I would need a private room at the JobCentre to lie down in immediately I arrived, and would have to lie down during parts of the interview. Alternatively, as a reasonable adjustment under the 2010 Equality Act, they could do the interview by telephone so that I needn't leave the house.

They went for the latter.

This was a few years back. I hope someone more knowledgeable can come along with up-to-date info.

Mumadof3 · 05/02/2022 09:22

Oh oka maybe its another appointment we have only just recently claimed universal top up so maybe something to do with that. Even still I cant attend a face to face right now unfortunately.

PerkingFaintly · 05/02/2022 09:25

I've just read back through the thread.

It's great that you're working with your local Citizen's Advice. They will be familiar with current practice about JobCentre interviews in your local area.

I've just checked on the gov website, and it says this:

After you apply
The Department for Work and Pensions (DWP) will contact you within 10 working days of applying.

If you’re eligible
DWP will contact you within 10 working days to schedule an appointment that you must attend. It will normally be over the phone with a work coach from your local Jobcentre Plus office.

Your work coach will explain what you need to do to get ‘new style’ ESA. They will create an agreement with you called a ‘Claimant Commitment’.
www.gov.uk/employment-support-allowance/how-to-claim

PerkingFaintly · 05/02/2022 09:29

So I don't know why they have asked for a face to face interview.

This makes it even more important to discuss with Citizen's Advice. It may be a deliberate JobCentre trick to demand you come in, when they know you can't.

Anyway, CAB will probably have dealt with this situation before.

Mumadof3 · 05/02/2022 10:57

@perkingfaintly thank you. I think it may well be a work focused interview. Which if thats the case then I've already messaged asking for it not to be a face to face. I havent even sent if my form yet so cant imagine they are calling me for a meeting already

JennieTheZebra · 05/02/2022 11:13

I do benefits advice. Generally speaking, initial job-centre meetings are more to do with proving that you exist rather than eligibility for anything. Your work coach will be happy to do it over the phone once you explain the situation. If you’re signed off sick then your “claimant commitment” will just be providing sick notes. As for the WCA, the vast majority are over the phone right now but the backlog is huge. It’s something like 3-6 months from submitting ESA50 to WCA. I would get help with the ESA50 and attach as much paperwork as possible and then sit tight. The work coach will want to check in once a month but, as you’re sick, they won’t expect anything else.

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