Read all the evidence through - does it reflect your difficulties accurately? At most venues, you can book an accessible parking spot if you phone them in advance. Thanks to everybody who commented on the drafts, particularlyRichard Stacey from St Pauls Advice Centre,Jane Owen-Pam from Parkinsons UK,Chris Parsons fromTower Hamlets Law Centre,Sangeeta Enright from Cystic Fibrosis Trust, Chris Beer from Friendly forms, Annie Sands from Autism Anglia, Sheran Taylor from East Devon CAB, and Michael Chambers who peer reviewed this guide. Are there things in there that didnt happen or dont reflect your conversation at all? We explain how to prepare for your Universal Credit Work Capability Assessment. Your score will be based on how your condition affects your day-to-day living, including the activities can do yourself or if you require help. - it will help them to remember everything. SeeWhat to prepare before the Hearing for details. Evidence from your support worker, personal assistant, carer or anybody that helps you. Read through it and look for anything you don't agree with. You can also claim back the fares of anyone who needs to come with you for support by letting the Health Assessment Advisory Service know. There will be water and tissues on the table ready for you if you need it. If this doesn't work, ask them if they want a short break. If you find using forms on the computer hard, you might prefer to just write a simple statement. Before you go to your hearing, check what the current rules on expenses are onGOV.UK. Be aware that the DWP are trying to put you off. Turn2us helps people in financial need gain access to welfare benefits, charitable grants and other financial help online, by phone and face to face through our partner organisations. What changes in circumstances affect Universal Credit? Almost everybody wants to choose the paper hearing because it seems less scary. I feel confused and foggy for the next 3 or 4 days usually. If both did accept the preliminary decision, the award was changed straight away. See How to ask the DWP to look again at their decisioninSection 7 of this guide for more details. Marie needed to remind and prompt me to do simple everyday tasks, and not to get distracted. If the reason for your difficulties returning the form is connected to your condition (for example, if you were in hospital, if you are unable to deal with your post without help, or if you were too anxious or distressed to complete the form) you have a very good case for them to reinstate your claim. Any notes you have made before the assessment that you would like to mention. Usually the members of the panel will be nice and easy to talk to, and will just want to get a full picture of your illness or disability and the help you need. Lots of people with mental health problems, cognitive difficulties, Chronic Fatigue Syndrome, or conditions that are much worse on some days than others, get ESA or Universal Credit this way. Since the beginning of Covid many hearings are happening via video so you may not have to actually go anywhere. This rarely happens. The DWP uses descriptors to work out if you meet the criteria for: getting points towards the 15 you need to have 'limited capability for work' having 'limited capability for work-related activity' (there are no points, you need to match 1 activity that makes you eligible) It wont help you to appeal a sanction. Or there needs to be a substantial risk to you or others if you were found not to have limited capability for work (see box). This is because you can only get New Style ESA for one year if you are in the work-related activity group. Most people must ask for a mandatory reconsideration before you can appeal a decision. For urgent help, please see Help & contacts. You will need to provide evidence from your healthcare professional such as a Doctor, or Community Psychiatric Nurse to explain why you are unable to travel to an Assessment Centre. Give as little as 1. Explain what descriptors you meet and why you should get those points. MandatoryReconsideration This meansthe DWP will look at their decision again. If you only have the energy for one thing though, focus on your appeal as that is the only thing that will change your award. Similar to the PIP appeal guide which is the best around. The DWP make incorrect and unfair decisions all the time. The decision letter from the DWP will tell you if you must do this before you appeal. If your hearing is in-person, take your copies with you and ask the clerk or panel to confirm that they have received them. Step 2 - Ask for the DWP to look again at their decision. There's no harm in asking - so call your GP, your social worker, or community centre if you have one, and ask if there is a service for you. You should take copies of any supporting evidence you have provided previously to the DWP, as the assessor may not always have a copy of the supporting evidence that you sent with your health questionnaire.You can ask them to make a copy of the supporting evidence, as this will help them to write their medical report. Ask if they know any other organisations you should contact for help if they cannot give you an appointment themselves. When on-the-spot in a face-to-face situation I tend to forget vital information. . See If one month has already past. It is often around 80-150 pages. This process usually takes a few months. For example, on a bad day, you can't get out of bed because you are depressed. The Work Capability Assessment is used to decide whether or not you are fit for work for ESA and Universal Credit. We have made this guide as helpful as possible. Both the claimant and the DWP were asked if they accept the preliminary decision. For the first activity that they didnt award you the correct amount of points for, tell them what it is that you dont agree with (for example, that they said you can cope with a minor unplanned change, when you cannot). If there is any other evidence that backs up what you are saying, refer to it. The DWP often dont apply the criteria correctly. They can help with access to a device, or data, or provide guidance and reassurance on how to use the online service. Supersession This means having your claim looked at again because your illness or disability has worsened since the date of the decision. Have you read something you think others need to know? If looking for a job or going to work is likely to make your condition worse or risk you having a relapse (for example, if you are a recovering addict, or have a condition like Chronic Fatigue Syndrome or Long Covid), then that too can be counted. Sometimes, you dont get a warning. You can ask for the assessor to be the same gender as you. And then you can copy and paste the wording from your mandatory reconsideration request letter that explains the difficulties you have with that activity (for example, I cannot cope with minor unplanned changes as I get very stressed and feel that I cannot cope. It is the equivalent of the limited capability for work group in Universal Credit. For example, if they ask if you manage when things dont go according to plan, dont just say yes or no. Coping with social engagement, due to cognitive impairment or mental disorder. If you ask by email, you will need to include your National Insurance number, date of birth andpostal address. You can find details about how to claim expenses, appeal venues and how to get to them, as well as other information about the appeal process on GOV.UK. I have 3 -6 seizures a month on average. Be as frank about your condition as you can be. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder. Try to give detailed examples rather than yes and no to any questions. Dont let them put you off. This could be your social worker or community psychiatric nurse, a paid support worker, a personal assistant, your occupational therapist, somebody who works at a day centre you go to, support staff at your school or college, or somebody else. Appropriateness of behaviour with other people. If there is something wrong with this guidelet us knowso we can put it right. (For less confident computer users, you do that by highlighting the text you wish to copy and pressing ctrl and C at the same time. ), and the receptionist will help you fill in the claim form. A healthcare professional will consider this information, and they will decide if you need a home visit. Some Employment and Support Allowance (ESA) claimants dont need to ask for a mandatory reconsideration before they ask for an appeal. You get a letter from the DWP telling you their decision on your claim. The guidance below assumes you are preparing for a face-to-face hearing. Similarly, if you have successfully appealed a work capability assessment decision previously, send in that previous tribunal decision, or ask the tribunal office to find a copy of it and pass it to the new tribunal. Found you are not entitled because your disability or illness does not limit your ability to work enough (in DWP speak, you do not have limited capability for work). If you are having a good day, and your illness or disability is normally worse, make sure you tell them. They will give you a written outline of their decision as well. (You could point them towards this guide). If you dont need to ask for a mandatory reconsideration it will say so on your decision letter from the DWP. The assessor might also similarly examine you like a doctor would. If they provide information on their website about appealing or claiming ESA (or the limited capability for work element of Universal Credit) it may also be very useful as it will usually show how people with similar symptoms to yours have proved their entitlement. If you have asked somebody to come with you to give you support, show them the information in the next section. Dont be put off by the size of it. Your evidence doesn't need to be long or typed. Initiating and completing personal action (which means planning, organisation, problem-solving, prioritising or switching tasks). When the 'relevant period'. If the bus stop is closed for example, I will get upset and need to go home.). Limited capability for work element Universal Credit is a new benefit being brought in to replace 6 income-based benefits one of which is income-based Employment Support Allowance. They also run Jobcentres and the office which arranges the face to face assessments. All of the advice, except about actually travelling to the hearing applies equally to video hearings. I've just had my assessment for LCW/LCWRA and on reflection I'm not feeling at all confident. We have heard of completely incorrect diagnoses being recorded, easily verifiable physical conditions being ignored or incorrectly recorded, and records of whole conversations that never occurred. New help! For example, if they sometimes have seizures, violent outbursts, frequent falls, suicidal thoughts, delusions, or need supervision to stay safe, it would arguably be dangerous for them to be forced to travel and work without supervision. Dont agree to anything you dont understand to be polite. Delays and backlogs across the assessment system have even led to DWP refusing to carry out any repeat work capability assessments (WCAs) for claimants already receiving universal credit (UC) who need a higher level of support. The DWP also has the right to appeal to the Upper Tribunal if they think the tribunal panel did something wrong. Usually you will not get told the date of the hearing until 2-3 weeks before (you should be given at least 14 days notice unless you agreed to be given less on the form) so its important to start getting ready as soon as you can. 2. It is unfortunately true that instances of gross unfairness like this seem to be commonplace. Dont be put off by the size of it. If you have any more evidence that you think will help (for example, a letter from your doctor, social worker, support worker, or carer, or any other recent reports you have had) send that too. Use our Work Capability Assessment Mandatory ReconsiderationTool to write the letter. Because of my depression and because of the lethargy caused by seizures, I often cant face getting up, so I stay in bed - sometimes all day, because I know I wont get hurt if I have a seizure there. (For the descriptors below, you only have to show that you have difficulty or are unable to understand a spoken or written message, and not both). Attending a Universal Credit Work Capability Assessment can be a scary prospect. You can find out more about the service on their website. If your claim for Employment and Support Allowance or the Limited Capability for Work element of Universal Credit has been refused, stopped or reduced, don't give up. Make sure you explain everything you can that's relevant to your mental health condition or disability, even if it's already on your questionnaire. So, you will need to explain either that you have had difficulties in general with post not being delivered to your address, or that you didnt know the form had arrived because you need help to manage your post, and you didnt receive that help. It will send you texts or emails to let you know that the DWP have responded to your appeal, to confirm evidence has beenreceived, and when your hearing date has been scheduled. I made a complaint about the report soon after I received a copy. If you do ask a friend, show them the section For friends or relatives. Similarly, if you have been put in the work-related activity group but it is fairly clear that you could not manage to reliably do the work-related activity you would have to do to keep receiving the benefit, you could argue that there is a substantial risk of harm to you if you were not put in the support group (in ESA) or limited capability for work-related activity group (in Universal Credit). You have to get 15 points on the work capability assessment , or if there would be a substantial risk (see Things to understand) if you were not, to be put in this group and you have to do work-related activity to continue receiving the benefit. Similarly, if you had asked for a home assessment and were waiting to hear back from the DWP about whether that was possible, you could argue that was a good reason not to go to the assessment at an assessment centre. Your means of surviving is literally in somebody else's hands. Keep a diary for a week (or if you have a condition which fluctuates, a longer period will be helpful). you claimed Employment Support Allowance and you have been found not to have limited capability for work for the second time in a row, or you think you have been put in the wrong group. If you were in the support group you could stay on New Style ESA as long as necessary. The medical assessment 4. The Work Capability Assessment is held at an assessment centre and run by the Health Assessment Advisory Service. Does it say everything it would be helpful to say? If how your illness or impairment affects you changes and you need different amounts of help on different days, you will need to make this clear. eg. Transferring from one seated position to another, Making self understood through speaking, writing, typing or other means unaided, Appropriateness of behaviour with other people. The equipment must be able to provide two copies of the recording at the end of the assessment. The recording must be on CD or tape only, so you cannot use laptops, smartphones, tablets or MP3 players. It is particularly helpful if your illness or disability is not the same every day. How to win a Work Capability Assessment appeal. You should make notes on the following: You can use the answers you put on the health questionnaire as a starting point as this way, if you feel that the assessor does not ask you relevant questions, you can make sure you tell them how your illness affects you. You might have to wait here for a little while. Do whatever you feel most comfortable with. I tend to communicate better in writing, where I have time to consider my full answer from all angles. If you do not get 15 points or more, you can still get the benefit if you can argue that there is a risk that you (or someone else) would be in danger if you were refused. Some things can take a long time. You will start receiving the new amount every month, and a sum covering any amount they owe you while you waited for the appeal. If you want to record your interview, you must request an audio recording before the assessment takes place and as soon as possible after you have received your appointment. We will explain where you might be able to get advice in How to find an adviser. If they have changed their minds, congratulations! Be aware that the tribunal will take into account what they see you do from the momen you are visible. Remember to say everything even things that you find embarrassing. I also feel very lethargic and I cant think straight for about 4 days afterwards. UseHow to write useful evidence for a Work Capability Assessment appealand mark which descriptors you meet. 03/12/22 - 02/01/23 : Month 3/3 relevant period. Contact the tribunal before the hearing if you need help. Hi. The part of Universal credit that replaces Employment Support Allowance (ESA) is called the limited capability for work element. Try to make sure you dont exaggerate the problems that you have either. How are gambling and mental health conditions linked? There is a form you can use but we suggest that you write a letter using our free Work Capability Assessment Mandatory ReconsiderationTool. If you do this, the Tribunal is very unlikely to take away the benefit you get at the moment. See How to find an adviser. The points can be scored in one or more activities. You (and anyone who goes with you) will sit at one side of the table and the panel sit on the other side. Where can I get support for my mental health? Sometimes the panel will not be able to make a decision quickly. If you are found to have limited capability for work, the next step in the assessment process is to find out if you also have limited capability for work-related activity (LCWRA). If your claim for Employment and Support Allowance (ESA) or the Limited Capability for Work (LCW) element of Universal Credit (UC) has been refused, stopped or reduced, don't give up. You can also read Mikaelas statement and see what she put in hers. Start by using ourWork Capability Assessment Mandatory ReconsiderationTool. 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