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What can work coach make me do while i'm appealing failed UC MR?
- Enigma123
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1 year 5 months ago #280870 by Enigma123
What can work coach make me do while i'm appealing failed UC MR? was created by Enigma123
I have my 'Take part in your work search review by phone' appointment next week with my work coach. Up till now, at my previous two appointments, they just checked that I was meeting my 'commitments' of taking my pain meds, doing my physio etc. But now i've had my failed (combined) UC and cbESA MR verdict, and it said "Ok to do some kind of work", which physically I know I can't - what's likely to happen when I have my call next week? I have put on my journal that i'll be taking things to a tribunal, so they know I don't agree with either the original WCA or MR, but what will be the likely outcome from having my upcoming phone appointment? Will they literally tell me "the MR result said you're ok to do some kind of work, so you need to start getting interviews right away"?
PS - I have end stage hip arthritis, both hips, awaiting surgery. I can barely walk a few steps without extreme pain, I need to be either lying down or sat reclined to not aggravate my condition, and even doing that doesn't take away all my pain. What kind of work they think I can do i've no idea, but is that what's in store for me next week?
Thank you in advance
PS - I have end stage hip arthritis, both hips, awaiting surgery. I can barely walk a few steps without extreme pain, I need to be either lying down or sat reclined to not aggravate my condition, and even doing that doesn't take away all my pain. What kind of work they think I can do i've no idea, but is that what's in store for me next week?
Thank you in advance
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- Gordon
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1 year 5 months ago #280902 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic What can work coach make me do while i'm appealing failed UC MR?
Enigma123
The rule for ESA where a Fit for Work Decision has been made and the claimant makes an appeal of that Decision then they should be treated as having Limited Capability for Work until the appeal is heard, this would excuse you from seeking work but not work related activity.
As far as I can see this should also apply to UC but at the time of writing, I have not been able to find a reference for this.
Gordon
The rule for ESA where a Fit for Work Decision has been made and the claimant makes an appeal of that Decision then they should be treated as having Limited Capability for Work until the appeal is heard, this would excuse you from seeking work but not work related activity.
As far as I can see this should also apply to UC but at the time of writing, I have not been able to find a reference for this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Enigma123
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1 year 5 months ago #280934 by Enigma123
Replied by Enigma123 on topic What can work coach make me do while i'm appealing failed UC MR?
Hi Gordon, thanks for the reply,
I think then, i'll do the online request for the appeal tribunal today so that it's before my phone appointment. Then at least the work coach will (hopefully) get a notification that i've submitted the request before he calls me. I'll do an update here after the call, it might be useful for anyone else in the same situation.
PS - I hadn't already filled out the online tribunal request because I thought I might get a tribunal date before i'm prepared for it. From what i've been reading last night though, it sounds like they don't happen very quickly and can take many months to happen - does anyone know if that's accurate, or is there a chance i'll get a response saying the date's next week for example?
Thanks in advance
I think then, i'll do the online request for the appeal tribunal today so that it's before my phone appointment. Then at least the work coach will (hopefully) get a notification that i've submitted the request before he calls me. I'll do an update here after the call, it might be useful for anyone else in the same situation.
PS - I hadn't already filled out the online tribunal request because I thought I might get a tribunal date before i'm prepared for it. From what i've been reading last night though, it sounds like they don't happen very quickly and can take many months to happen - does anyone know if that's accurate, or is there a chance i'll get a response saying the date's next week for example?
Thanks in advance
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- BIS
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1 year 5 months ago #280947 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic What can work coach make me do while i'm appealing failed UC MR?
Hi Enigma12
Appeal times used to be a year, but I have noticed that some people have been having them in a much shorter time span - less than 6 months, but I haven't heard of anyone being given a week or even a months notice.
BIS
Appeal times used to be a year, but I have noticed that some people have been having them in a much shorter time span - less than 6 months, but I haven't heard of anyone being given a week or even a months notice.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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