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UC Tribunal Decision and Health Assessment

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2 days 1 hour ago #315706 by span13l
I first applied for Universal credit in October 2024. I was then asked to complete a health assessment questionnaire from which a decision was made that I was fit to work. I twice appealed that decision and my case went to Tribunal on 2/9/26. The appeal was allowed and the Tribunal made 9 recommendations (listed below).

I entered the decision of the Tribunal into my UC journal and have now been informed by the UC Full Service that they are "applying for a statement of reasons from the Tribunals Service for the decision made on 2/09/26 and may appeal against the First-tier Tribunal's decision."

Whilst awaiting the Tribunal hearing date, my conditions deteriorated and in May 2026, the Job Centre asked me to submit fit/sick notes. I initially resisted because I knew that submitting a fit/sick note would trigger the need to complete another health assessment questionnaire. Although I informed the Job Centre that I was in the middle of an ongoing health journey, they insisted that I had to complete the questionnaire even though it would mean starting a second health journey before the first one was completed. They informed me that my claim may be affected if I did not do so and have now received a letter asking me to attend a health assessment on 24/09/26. The letter states: "You must attend this appointment. If you do not attend, we will not have enough information to assess your capability for work and may therefore decide that you are capable of work. This means you may have to do more to receive Universal Credit. This could include being available for work, searching for work and preparing for work."

FIRST-TIER TRIBUNAL'S DECISION
1. The appeal is allowed.
2. The decision made by the Secretary of State on 06/02/25 is set aside.
3. [The Appellant] has limited capability for work and is to be treated as having limited capability for work-related activity from 10/10/24.
4. In applying the Work Capability Assessment 15 points wee scored from the activities and descriptors in Schedule 6 of the Universal Credit (UC) Regulations 2013 made up as follows: 1. Mobilising unaided... - 6 points; 2. Standing and sitting - 9 points.
5. No activity or descriptor from Sch 7 of the UC Regs was satisfied but Sch 9, para 4 of the UC Regs applied.
6. The tribunal applied Sch 9, para 4 because thee would be a substantial risk to the mental or physical health of any person if the appellant were found not to have limited capability for work-related activity.
7. By reason of anxiety and depression, musculoskeletal pain, including plantar fasciitis and lower back pain, the Appellant is unable to work. If required to do work-related activities there is a significant risk of deterioration in her physical and/or mental health.
8. This has been an oral (face to face) hearing. The following people attended: [the Appellant] and a representative from the First Tier Agency. The Tribunal considered the appeal bundle to page H2.
9. Any recommendation given below does not form part of the Tribunal's decision and is not binding on the Secretary of State. The Tribunal recommends that the Department doe not reassess [the Appellant] within 24 months from today's date [2/9/26].

In view of the above outcome of my Tribunal appeal, I do not want to attend the assessment and feel rather harassed by the letter asking me to attend the assessment. My question is: what should I do going forward. Could anyone advise please?

Many thanks and kind regards.

NB: please note that I've also emailed this query to Benefitsandworks

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1 hour 29 minutes ago #315714 by David
Replied by David on topic UC Tribunal Decision and Health Assessment
Hi span131

I cannot give you a definitive answer without a full understanding of all the details but from the facts provided I would not attend this other WCA.
You have been awarded LCWRA and this will be paid at the full old rate. Most new claims to UC LCWRA after 6 April 2026 are only paid half the amount.
The letter containing " applying for a statement of reasons from the Tribunals Service for the decision made on 2/09/26 and may appeal against the First-tier Tribunal's decision", would be a standard letter sent to all tribunal attendees. But in fact only a tiny % of first tier decisions make it to the Upper Tribunal on a DWP referral. The case can only be referred to the Upper Tribunal on a matter of law and not just because the DWP disagrees with the outcome.
When the DWP does appeal, it is usually because they want to challenge a specific legal principle that could set a precedent for thousands of future claims, rather than just contesting an individual claimant's factual circumstances.

Let us know how you get on.
David

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

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