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UC claim for sickness

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5 years 9 months ago #224420 by Bamboozal
UC claim for sickness was created by Bamboozal
My brother has chronic back problems and after years of pain and surgery he has claimed
twice for ESA in the past 3 yrs and been knocked back and found fit for work.

Hes been claiming UC as a jobseeker as he couldn't get ESA and his GP issued fit notes
declaring him unfit for work to satify his UC claimant commitment as required by the JC.

Then in October the JC said as it was all doin digital they could no longer allow him to
claim UC for jobseekers with the fit notes as he was unable to work.

His GP gave him a fit note till April 2019 after goin against his GPs advise and getting a voluntary job that lasted 3 hrs as it caused his health conditions to worsen and he was not allowed into the workplace due to him bein a danger to himself and others.

Thatt was 11 weeks ago and hes bein sanctioned now for not answering his phone from the JC, ( he was ill in bed in so much pain he was out of it on Oxynorm liquid and 4 other pain killers. He couldn't attend the JC as he couldn't walk but the work coach doesn't understand the pain hes in. She says she has a bad back and takes co codamol for it so why cant he????

My question if anyone can help is when is he likely to be left alone by the JC when hes
been signed off till april( his GP said he'll never be fit for work again) and how long does it take to get the UC50 form, JC have not been any help. his fit notes have been issued for the past 18 months? oh and its UC so there is no phone number to ring.

Any advise would be gratefully accepted
Bam

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5 years 9 months ago #224425 by Gordon
Replied by Gordon on topic UC claim for sickness
Bamboozal

He needs his GP to write a letter explaining that his conditions have worsened since he was last assessed for ESA, he should then be able to present a Fit Note and ask to have a Work Capability Assessment, this should excuse him from any job search requirement but it won't lift the sanction.

Does he have access to his UC Journal from his home? If not can you access it on his behalf as these things need to logged.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 9 months ago #224429 by Bamboozal
Replied by Bamboozal on topic UC claim for sickness
Hi Gordon, thank you for your reply,

His GP issued a fit note with Chronic Regional Pain syndrome instead of the previous
reason being post operative pain, and bein fit for no work , we asked for a letter from him at the time in support of his claim but he said there is no need at this stage but if he is knocked back again for his claim he will formulate a letter for his appeal.

My brother isn't required to look for work, but he is required to take calls from the JC and attend the jobcentre even tho hes signed off but cant due to being so ill. This has just been decided by the work coach at his HCA appointment a few weeks ago and hes been sanctioned as he was too ill to take the phone call!!!! shocking I know. Even tho hes signed off he is still treat as a jobseeker until he is assessed as not bein one under the WCA.This was backdated by his Gp to October so the total length of this claim is 16 weeks.

No one has said how long it takes to be assessed and be sent a UC50.JC has said they have chased it up but nothing happens He does have a journal and has queried and filled in the fit note info online and they know all his details and worsening conditions.

On looking at the guides it doesn't say how long it takes to be sent a UC50 to start the WCA process?
Do you mean even tho hes not fit for work, a fit note has to have a letter to accompany it, as I though the fit note was the declaration of not bein fit for work and that's what triggers the WCA process.

Or have I got it confused Gordon?

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5 years 9 months ago #224432 by Gordon
Replied by Gordon on topic UC claim for sickness
Bamboozal

A Fit Note does not specifically result in a UC50 being issued, the claimant has to initiate the process via their Journal by requesting a WCA be done, the UC50 should then be issued after 4 weeks.

There are considerable delays in the ESA Assessment Process, I believe that they are prioritising new claims but it could easily be months before he receives an appointment.

I'm afraid claimants can be sanctioned even if they are excused from job searches, he needs to comply for the sanction to be lifted.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bamboozal

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5 years 9 months ago #224437 by Bamboozal
Replied by Bamboozal on topic UC claim for sickness
If a GP letter is obtainable to state that from oct his condition worsened does the WCA get triggered from Oct or from now? Do we put in the journal that he wants a WCA assessment?

I think I understand what you mean now Gordon, my goodness, the JC have said he should be getting ESA all along and after his condition worsened it was them that said go get another fit note as we cant do anything for you.

Thank you for your help Gordon

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5 years 9 months ago #224439 by Bamboozal
Replied by Bamboozal on topic UC claim for sickness
thanks for your reply,

Had no idea he had to initiate a WCA, the JC advisors knew he had worsened that's why they said get a new fit note but not for the condition he had when he claimed ESA, its makes sense now, just hope the GP can issue a letter without having to see him as hes booked up for a month!

Thanks again for your help
Bam

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