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Original poster

Disability and UC

33 replies

Indigomint · 15/10/2021 18:32

I hope somebody here can help. It may be long , so I apologise.

My husband and I claim UC. He is disabled and I am his carer. He is housebound.

He put in a claim for lcwra about a year ago and it was refused , he has asked for a mandatory reconsideration. That is ongoing.

Today he got a message on his journal stating that he must go to the job centre for an appointment and that he may be sanctioned if he doesn't. He's incredibly anxious as he cannot go as he isn't mobile enough and he (obviously) doesn't want to be the reason we struggle (even more) financially.

As far as UC are concerned he's able to work , they refuse to acknowledge his that his disability means that he cannot. I guess that is why a work coach has requested his presence , the reality is very different though. The man cannot put his own socks on for example.

Has anyone been in this position? Does anyone possibly have some advice for us? We feel trapped and unable to help ourselves right now and it's hideous.

OP posts:
Original poster
Indigomint · 15/10/2021 18:42

Just to add , he worked full time up until a year ago when his condition became too painful to manage. I was unable to return to work after maternity leave as our youngest has a disability also.

OP posts:
DamnUserName21 · 15/10/2021 19:56

Does he have a diagnosis and is he on PIP?
Is there a Citizens Advice Bureau available near you?

itsgettingwierd · 15/10/2021 19:57

Can you ask the GP or consultant to wrote a letter supporting that he cannot leave the home?

Original poster
Indigomint · 15/10/2021 20:04

@DamnUserName21 yes and yes.

@itsgettingwierd I was considering suggesting this to him as clearly his constantly renewed fit note isn't enough for them.

OP posts:
Original poster
Indigomint · 15/10/2021 20:05

Also I've emailed scope for support and help. There is no CAB near us.

OP posts:
DamnUserName21 · 15/10/2021 20:10

I think you probably need to take your evidence as well as a letter from GP/Consultant and submit to UC online-call UC ask them to open up a link.
Also, call the local Jobcentre where DP is having his meeting and speak to the work coach before meeting?

SmileyClare · 15/10/2021 20:17

I'm in a slightly similar position. My husband fell from a roof 6 months ago at work and has awful injuries, I have had to be his carer during his long recovery.

Like your husband he has a fit note signing him off work until the end of the year.

Firstly put a note on your journal requesting his appointment is done on the phone. I've done this, it's always fine if you explain he cannot physically attend. The appointments seem to be computer generated and can be changed to phone appointments. I also ask for all my appointments are done via phone.

Secondly, ask for another capability to work assessment, say you want to appeal the decision.

I really sympathise. From my own experience, lots of disabled, ill or injured people are shoved into Universal Credit because it's near on impossible to get PIP these days. I applied for my dh and was told there's a 4 month delay before they'll even look at the forms. Sad

The UC money we're trying to live on is shocking. After rent and bills I have around £20 a week to feed a family of four and I'm constantly harassed about looking for work and threatened with sanctions. It sucks for carers and disabled people to treated like this, UC is not suitable but there seems no other help available.

I'm so sorry you're going through this and hope my advice helps Flowers

Original poster
Indigomint · 15/10/2021 20:25

Thanks @DamnUserName21 I will definitely try those suggestions.

I'm sorry that you're in that position @SmileyClare , I do hope things improve for you soon. It's good to know that a phone appointment was approved. That would be a good outcome for us.

OP posts:
DamnUserName21 · 15/10/2021 20:30

Sorry, OP. I don't know what else to suggest.

SmileyClare · 15/10/2021 20:36

Thanks for your kind words indigomint , our experience has definitely opened my eyes to how badly disabled people are treated in this country.

All I can add is that you have to be very clear with the job centre about your situation and the extent of your husband's disability and explain over and over that he cannot physically attend appointments.
If you can appeal any decisions then do so.

Babyroobs · 15/10/2021 21:09

PIP is about how a disability affects you. LCWRA is about fitness to work, they are different assessments for different things and one doesn't automatically qualify you for the other.
Unfortunately they are assessing whether he is fir for any kind of work. You have done the right thing by asking for a mandatory reconsideration of the original decision. have you supplied extra medical evidence as to how he meets the criteria for LCWRA ? It is important to do this. I think all you can do is keeping asking then to look at the MR, keep handing in sick notes and as above ask for telephone appointments.

Original poster
Indigomint · 15/10/2021 21:29

Thank you @Babyroobs , no we've not supplied extra evidence yet. Is this the stage at which we should do so? We've written a full statement as to why a reconsideration is required but we're unclear as to when and how we give this information to them? Sorry for all of the questions , it's very confusing.

My husband is also trying to get an appointment for an mri , as the last one was about 3 years ago and obviously his condition has got worse in that time. There aren't any appointments local to us though and the pain it would cause him to travel to where there are appointments would be huge. And the financial cost massive also.

OP posts:
SmileyClare · 15/10/2021 21:46

With regards to the MRI, I think your dh would be eligible for hospital transport?

My husband was when he was at his worst with pelvic fractures and smashed arms and had to go back for surgery. An adapted car with wheelchair access collected him from our home and also brought him home.

Once you have the MRI appointment, you need to ring the hospital transport team for your trust and book it yourselves. This may vary depending on the area or hospital you're under (?) but worth looking into.

Original poster
Indigomint · 15/10/2021 21:48

That's interesting @SmileyClare , we will look into it. Thanks again.

OP posts:
ArranMumma · 15/10/2021 21:53

What’s his disability? There might be a charity that supports people with his disability to know their rights / how to handle these kind of situations.

8dayweek · 15/10/2021 21:59

Has your DH actually had a letter (in the journal) saying he has been found fit for work?

If so, the subsequent Fit Notes won't be accepted unless they're for a new condition or significant worsening of the condition[s] he's already reported. He would need to update the "Health" section and specifically ask to be referred for another Work Capability Assessment in the Journal under a new and / or worsened condition.

Have you asked for a Mandatory Reconsideration on the Journal?

Does your DH claim PIP, and are you claiming Carers Element (and potentially Carers Allowance)?

SmileyClare · 15/10/2021 22:00

No problem. I'm glad my awful experience can help someone else! It really is a constant battle to get the help your dh needs isn't it? I definitely felt like giving up at times, it's difficult to get heard by any authorities and hard to keep explaining everything over and over again.

I used the Citizen's Advice Bureau online. You can click on "contact us" to get help with an advisor online. They were really helpful. That's how I found out about getting hospital transport. They can also advise you about UC and how to navigate it as a disabled person or carer.

Look after yourself too. Being a carer is a tough gig x

8dayweek · 15/10/2021 22:05

Also @Babyroobs is right. PIP isn't an out of work / means-tested benefit. PIP doesn't equal unable to work.

Original poster
Indigomint · 15/10/2021 22:10

This is all incredibly helpful. Thank you for all of your posts. Lots to think about and discuss with my husband so that we can move forward.

OP posts:
8dayweek · 15/10/2021 22:13

Sorry, just realised you said Yes to PIP unthread.

Was the Work Capability Assessment carried out over the phone?

Original poster
Indigomint · 15/10/2021 22:13

@8dayweek yes it was.

OP posts:
8dayweek · 15/10/2021 22:36

I would definitely be providing any more relevant information you have for a Mandatory Reconsideration then. I wouldn't bother getting Consultants etc to write letters, they're not always much help (factual and won't necessarily detail day to day difficulties) - something like the Benefits & Work website is a good guide, as helps you focus on pain / fatigue / reasonable repeatability of tasks.

At the moment things are quite backlogged with Work Capability Assessments and so if there is adequate information on the Medical Questionnaire plus responses HCP's or GP then even the telephone Assessment is being deemed unnecessary to get through them (I'm actually genuinely surprised you've come out the other side in a year).

If you're not willing to take the stuff in to the Jobcentre you'll need to ask for an Upload Documents link to be created, so you can scan / upload.

Original poster
Indigomint · 15/10/2021 22:47

Good to know. Thank you @8dayweek

OP posts:
ColdTattyWaitingForSummer · 15/10/2021 22:57

Definitely request to switch to telephone appointments. I had to do this as the centre they were sending me to had no disabled access! Thankfully I was eventually switched to the support group (ESA.. I’ve not been switched to UC yet).
Do you have a welfare rights team at your council? They’re really good at helping you with all the bureaucracy and getting what you are entitled to.