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TOPIC: uc work capability assesment

uc work capability assesment 2 weeks 5 days ago #200256

Hi received 9 points cannot remain standing or sitting for 30mins
They have considered that I can mobilise for more than 200metres if I obtained a wheelchair through the nhs then I can engage in the labour market ??????
How will a wheelchair help me remain at a work station are they allowed to make these decisions
I am now expected to look for work. This is the new uc work capability assessment

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uc work capability assesment 2 weeks 5 days ago #200281

Lynn

The wheelchair is in regard to your being able to mobilise, it is not considered in regard to your Standing and Sitting.

The UC test is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

Gordon

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

uc work capability assesment 2 weeks 4 days ago #200339

How do I look for work when they say I can't sit or stand at a work station for more than 30 mins
And how do I address this in my appeal

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uc work capability assesment 2 weeks 4 days ago #200351

lynn wrote: How do I look for work when they say I can't sit or stand at a work station for more than 30 mins
And how do I address this in my appeal


Make your advisor aware of the restriction and ask for your claimant commitment to be updated.

As to an appeal, are you saying that you think that the assessment is incorrect and that you cannot remain at a workstation for a shorter period?

You've mention Moving Around , is there any reason that you could not use a manual wheelchair?

DId you expect to score for other ESA activities?

Gordon

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uc work capability assesment 2 weeks 4 days ago #200361

Yes at the moment I am under physiotherapists to strengthen my back and muscles I would get back spasms in a wheelchair

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uc work capability assesment 2 weeks 4 days ago #200363

lynn wrote: Yes at the moment I am under physiotherapists to strengthen my back and muscles I would get back spasms in a wheelchair


Then you need to explain this in your MR and provide evidence to support it, but be aware that this appears to be a temporary situation do even if you are successful in getting an award it may only be for a minimal period.

Gordon

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