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Lost myTribunal LCWRA, But still have a separate Fit Note for Fibromyalgia

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4 months 4 weeks ago #290824 by Abramelin
Hi

I Iost my Universal Credit tribunal case for LCWRA, in January 2024
I had medical evidence but after the first decision so the tribunal looked at it but did not use it to make a decision in my favour.

But I have a fitnote for Fibromyalgia after the original first refusal from DWP and that is a totally new
condition, and that new fitnote was accepted and continuously renewed and is valid until June 2024.

The Job centre is saying that I am fit for work and dont know if the post refusal letter, fit-note for Fibromyalgia
is valid.
I have been waiting 2 months plus for an answer, and they made me sign a new commitment for work, forcing me to look for work.
I had asked Citizen advice and no clear answer from them, Summer 2023.

Here is a brief timeline below.

UC50 filled out in September 2022 and had a WCA phone assessment in December 2022
PTSD confirmed in September 2022 and had Fibromyalgia symptoms for 25 years but never heard of Fibro and so Dr was doing tests muscular skeletal team etc to elimnate any other conditions lupus or arthritis etc.

The original first refusal from DWP was in January 2023 and the "you have been found fit for work" and no more fit-notes etc.
Sent Mandatory Reconsideration and refused in March 2023
Diagnosed with Fibromyalgia in March 2023 and new condition and fitnotes accepted from DWP.
Waited for Tribunal date on January 2024 and decision goes against me.

In June 2023 had vision issues due to Fibromyalgia and Diagnosed with Optical Migraines due to Fibro and added to Journal as change in condition.
I did not receive a new UC50 form for my change in condition for Fibro or Optical migraine, in 2023.
Just to finish up I am on standard Allowance PIP and moving into extra care housing shortly on low priority.

So, my question is should my fitnote still be valid because it was a change in medical circumstances after
original WCA form and found fit for work decision In January 2023. I was diagnosed with Fibro in March 2023
and also should I have been given new UC50 form to fill out for Fibro.
What are my options?

Thanks in advance for any answers hopefully anyone in a similar situation can gleen some information from any replies.


Abramelin

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4 months 4 weeks ago #290826 by Gordon
A

You can only get a new Work Capability Assessment if you can show a new condition or worsened condition reasonably likely to result in an award.

From your post, you appear to have a new condition(s) but it has not been accepted that it would result in an award.

Remember the WCA test is not about the conditions that you are suffering from but rather the limitations that result from them in regard to the WCA activities.

Gordon

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

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4 months 4 weeks ago #290828 by Abramelin
Hi Gordon

Thank you for your reply.

My next question would be, is my Fit-note still valid then and can I keep extending it?

thanks

Abramelin

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4 months 4 weeks ago #290829 by Gordon
A

Fit Notes serve a number of purposes.

For work, you can continue to provide a Fit Note as long as your GP is prepared to sign one.

For UC, you can continue to provide Fit Notes, however, until and unless the DWP accept that your new conditions could result in an award you will remain in the All Work group.

Gordon

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

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