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Capability for work review
- alison_pearce
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4 years 4 days ago #258619 by alison_pearce
Capability for work review was created by alison_pearce
My stepson is blind and in the LCWRA group. He was informed that he would have a telephone "review" which is tomorrow. We have been trying to find out what the review is and what he might need and we have only just had a reply to say it is a capability for work review. Normally he has someone (me) with him at any interview as he cannot make notes, look at paperwork etc. Also, we though due to being permanently disabled, he would not have to be reassessed (he has not been asked to fill in a new assessment form). What is he entitled to regarding having support and assistance? He is getting nowhere trying to ask the relevant questions. We'd be really galdof some last minute advice please!
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- Catherine
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4 years 4 days ago #258644 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Capability for work review
Hello Ali, I hope this is not too last minute!
To start off with he is entitled to a week's notice of the review. If he has not had this then he can respectfully request it, particularly if he is in need of support.
He is entitled to the support he needs. Only he can answer what that is.
Right now, I would suggest that unless he has not been given reasonable time to get the support he needs he goes ahead with the interview - he runs the risk of being penalised if he does not, but explains to the assessor the issues he has with it. Additionally we always recommend that people record the interviews, and this might be particularly helpful in this case, should he need to evidence something.
However, the capability for work interview is a practical review of someone's capability to work, he may well find that he has no difficulties explaining the problems he would have with various activities.
Hope this helps, and everything goes okay today.
Catherine
To start off with he is entitled to a week's notice of the review. If he has not had this then he can respectfully request it, particularly if he is in need of support.
He is entitled to the support he needs. Only he can answer what that is.
Right now, I would suggest that unless he has not been given reasonable time to get the support he needs he goes ahead with the interview - he runs the risk of being penalised if he does not, but explains to the assessor the issues he has with it. Additionally we always recommend that people record the interviews, and this might be particularly helpful in this case, should he need to evidence something.
However, the capability for work interview is a practical review of someone's capability to work, he may well find that he has no difficulties explaining the problems he would have with various activities.
Hope this helps, and everything goes okay today.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- alison_pearce
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4 years 4 days ago #258655 by alison_pearce
Replied by alison_pearce on topic Capability for work review
Thanks. He did receive a letter but the person who read it to him may not have explained every detail. I live in another part of the country and due to Covid have been unable to visit him. For a few days he tried to find out more and told the agency on the phone that he needed assistance but got only a vague response that they can't say what the questions will be and no offer of a three way call. So we don't know if they are referring to his UC50 from Oct 2019 or if this is a fresh assessment. Given that in previous years we have had to go to appeal and that more recent success has been based on the excellent guidance on this site, I respectfully disagree that without notes or support he can effectively answer the questions. For example, explaining that he can't reliably and repeatedly complete activities as per the guidance. He is going to ask to reschedule so there can be a three way call so he has my support. He has repeatedly asked for documents in Braille or electronically but they have never done anything other than send letters. In these timesof pandemic, that clearly causes him problems eben more than useful. Fingers crossed that we get a favourable response today.
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- BIS
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4 years 4 days ago #258663 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Capability for work review
Hi Ali
I really hope that he has a positive response today. I'm appalled he is being discriminated against by not being offered any information Braille. This is not good enough, and if the final outcome is not a good one, if you can cope with it, you should put in a formal complaint. The process is hard enough as it is, but being denied the chance to access information fairly is not on!
Good luck to both of you.
BIS
I really hope that he has a positive response today. I'm appalled he is being discriminated against by not being offered any information Braille. This is not good enough, and if the final outcome is not a good one, if you can cope with it, you should put in a formal complaint. The process is hard enough as it is, but being denied the chance to access information fairly is not on!
Good luck to both of you.
BIS
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- denby
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4 years 4 days ago #258674 by denby
Replied by denby on topic Capability for work review
How disgusting no Braille! Have you thought of informing Disability Rights UK and Disability News? They might be interested! So even might his MP.
Best wishes, Denby
[former housemate of a blind lady, and assistant to blind/partially sighted pottery class-goers]
Best wishes, Denby
[former housemate of a blind lady, and assistant to blind/partially sighted pottery class-goers]
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- Catherine
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4 years 3 days ago #258697 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Capability for work review
Hello Ali,
You have not come back to us on whether or not your stepson was able to reschedule his assessment interview. I would strongly recommend that whatever happened you record it in a letter to the DWP and send it recorded delivery together with a statement of what now needs to happen.
The DWP has a legal duty under the Equality Act to make reasonable adjustments for your son’s lack of sight.
Either you or your stepson can also contact the DWP equality team social justice team.
This email address is being protected from spambots. You need JavaScript enabled to view it.
Explain to them (remembering to include his NI number)
1. What has happened regarding the recent assessment and request that they ensure that your stepson is not discriminated against and disadvantaged by his different needs.
2. What adjustments are needed for their future communications with him.
If you are writing on his behalf you can explain why you are doing this and that your stepson is willing to confirm verbally what adjustments he needs them to make.
Please do not hesitate to come back to us if you wish,
Catherine
You have not come back to us on whether or not your stepson was able to reschedule his assessment interview. I would strongly recommend that whatever happened you record it in a letter to the DWP and send it recorded delivery together with a statement of what now needs to happen.
The DWP has a legal duty under the Equality Act to make reasonable adjustments for your son’s lack of sight.
Either you or your stepson can also contact the DWP equality team social justice team.
This email address is being protected from spambots. You need JavaScript enabled to view it.
Explain to them (remembering to include his NI number)
1. What has happened regarding the recent assessment and request that they ensure that your stepson is not discriminated against and disadvantaged by his different needs.
2. What adjustments are needed for their future communications with him.
If you are writing on his behalf you can explain why you are doing this and that your stepson is willing to confirm verbally what adjustments he needs them to make.
Please do not hesitate to come back to us if you wish,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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