It tells you all the things you should try to put in your statement and how to begin. This will be my first reassesment. We suggest that you look at the descriptors that you meet and the points that you think you should have got - if you get far more than 15 points, it is unlikely that you will lose your award completely. e.g. There may be useful evidence you already have or can easily get. Sometimes after you have appealed, the DWP phone you up and offer you a new award because they recognise that you will win your appeal. Check if there is a charity that provides benefits advice to people with your illness or impairment. The process is similar to PIP but the questions are different. My ability to go to meetings, interviews and training on time and without fail is severely compromised by the frequency of my seizures. What benefits is Universal Credit replacing? If somebody has helped you (perhaps by physically helping you to get up, or by prompting and encouraging you and keeping you calm so that you can manage the hearing) be sure to tell the panel. If the stress of looking for a job or going to work might make them relapse, that can be counted too. I meet descriptor 10a (At least once a week, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration). You should be able to claim travel expenses for the day of the hearing if you use public transport or travel by car. Evidence from your support worker, personal assistant, carer or anybody that helps you. If you plan to travel by taxi, you must get the assessment centre to agree to this before your assessment. It also needs to reflect how you were affected at the time of the decision about your benefit, so is of most use if your health has not got worse since then. For example, if they ask if you manage when things dont go according to plan, dont just say yes or no. How are mental health and money worries linked? They also run Jobcentres and the office which arranges the face to face assessments. Make sure that they are all ticked off before you leave. Turn2us is the operating name of Elizabeth Finn Care, a registered charity (207812 / SC040987) Supersession This means having your claim looked at again because your illness or disability has worsened since the date of the decision. Keep a diary for a week (or if you have a condition which fluctuates, a longer period will be helpful). Remember you have nothing to lose. The DWP will reassess your LCW or LCWRA if you start work otherwise, two or three years after your last assessment. Add each activity you dont think you have scored the right number of points for, and explain all of the difficulties that you have with that activity and what help you need (remember it doesnt matter that you dont get any help). Explain what descriptors you meet and why you should get those points. How to apply for a Universal Credit advance payment. Before you go to your hearing, check what the current rules on expenses are onGOV.UK. In order to be found unable to work (and therefore receive ESA or Universal Credit on that basis) you need to score at least 15 points in total. Others are concerned that if they ask for the decision to be looked at again, they might lose their award. 30/05/2022 09:14. So now you have the option of using that tool to write a submission or following the steps below to write a statement. For example, if they cannot walk into your consulting room without discomfort, or if they are slow and it takes them twice as long as somebody else, please say that. You have a much better chance of success if you do. They will give you a written outline of their decision as well. New help! After the Work Capability assessment After the Work Capability assessment MandatoryReconsideration This meansthe DWP will look at their decision again. I have 3 -6 seizures a month on average. After security, you will usually be shown into a waiting room. Find out more about applying for Universal Credit with a mental health condition. It is the equivalent of the work-related activity group in ESA. You will be asked whether you want to attend a hearing or whether you want the case to be decided on the papers alone. Then go to where you want the text to appear and press ctrl and V at the same time). This guide and accompanying Work Capability Assessment Mandatory Reconsideration tool will help you to challenge the decision by asking the DWP to look at their work capability assessment decision again, if you have to. You need to prove how your illness or impairment was at that time, not how it is now. (Dont worry, it wont mean you cant argue that you are not able to work in the appeal). 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). If you are struggling, it is important to let your agent know and call any utilities and explain you are waiting. These have scores, ranging from 0 to 15 points. They also give the panel time to think about what you have said before they meet you. apa*ility aement not arried out ,0, ,11 1 1 1 1 , * " 4 > > + $ ++ Claimant with wee!ly earnin+) the in wor! A recent bank statement that shows your name and address. Use our Tribunal Submission Tool or write a statement. After your Universal Credit Work Capability Assessment, a DWP decision-maker will look at your claim, and make a decision based on your: The DWP will then send you a letter once they've made their decision, explaining why you will or won't get a Universal Credit limited capability for work element. When asked if I go shopping, my answer was simply "Yes", but I . Hearing This is when your appeal is looked at by the Tribunal. If you had the assessment over the phone, did the assessor grasp the extent of your difficulties? Points are awarded based on what you are capable of doing and these are added together. If they refuse to change the date, you should do everything you can to move your other appointment. If you think it might help, ask a friend or family member to be with you for emotional support. If you have a social worker, community psychiatric nurse, occupational therapist, support worker, or any other professional, evidence from them will be very useful too. This appeal is about a decision that was made on . The tribunal panel will tell the DWP their decision and you will get an official notice of the decision. If you are having a good day, and your illness or disability is normally worse, make sure you tell them. This is important because once you have lodged an appeal, you can ask ESA to pay you on the assessment rate while you are waiting for the hearing. How to change your Universal Credit Claimant Commitment, How to change your Universal Credit work-related requirements, How to apply for Personal Budgeting Support. This is your opportunity to check that the tribunal received the evidence and statement you have sent them, and to hand in any evidence or statement you have not already sent. 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. At most venues, you can book an accessible parking spot if you phone them in advance. This is because, on average, I have more than one involuntary episode of lost consciousness (a seizure) a week, in spite of the medication I take. The information in this guide applies to England, Wales and Scotland. You need to ask for one within one month of the date at the top of the mandatory reconsideration notice. They will make a new decision. Do whatever you feel most comfortable with. Remember any advice they give you is likely to be incorrect and may be self-serving. (UC50) If you have had to pay a carer or childminder you can claim expenses up to theNational Minimum Wage for the time you have been away. Receive a high-quality printed guide straight to your door. If you want to claim Universal Credit with a limited capability for work element, you will need to go for a Work Capability Assessment. How will Universal Credit affect Child Tax Credits? The most useful evidence will explain how your illness or disability affects you, and the help you need (paying particular attention to the descriptors that you meet). If you can, say how frequently you have better days and bad days. Since the beginning of Covid, more and more hearings have been by video and many people like them better. Limited Capability for Work Related Activity 5. If you are in this group you get extra money to support your higher needs, and you dont need to do work-related activity to continue receiving the benefit. This can also help as they might be able to give further information to the assessor about how your condition affects your day-to-day. Your evidence needs to be about how their condition affected them at that time. If you plan to travel by car, you can claim back the cost of parking and a price per mile (e.g. To get LCW or LCWRA, you'll usually need to fill in another form and go to a medical assessment. This is unusual and really complicated, so your doctor/social worker or other professional may not understand that. What benefits are available for mental health carers? The DWP make incorrect and unfair decisions all the time. Descriptors These are the descriptions of very specific difficulties on which entitlement to ESA or Universal Credit on the basis of limited capability for work is based. You will need it to prepare for your hearing. They might also be able to help by reminding you of things you have forgotten. and you have to do work-related activity to continue receiving the benefit. If your health affects your ability to carry out any one of the LCWRA activities (or 'descriptors'), you will be assessed as having LCWRA. Remember that you can only score points for one descriptor (either a, b, c or d) in each of the activities so choose the descriptor that you meet that gives you the most points. Work Capability Assessment This is the process by which the DWP assess whether you have limited capability to work or limited capability for work-related activity, and are therefore entitled to Employment Support Allowance or the limited capability for work element of Universal Credit. Before the hearing, sit down with your friend and write a list of all the ways in which they meet the activities and descriptors that their case is based on. If you have not already tried to get advice, do so now (SeeHow to find an adviser). My claim was closed because they say I didnt send back the questionnaire on time. The decision letter from the DWP will tell you if you must do this before you appeal. Have you used our Work Capability Assessment Mandatory ReconsiderationToolto check what points you should get, by your own assessment? After you have completed your UC50 form - the health questionnaire - most people will have to go to a medical assessment. See if Disability Law Service can help you. Cannot either: (i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion or Perhaps you have had an occupational health assessment at work or for adaptations at home? But if it does happen to you, ask for the hearing to be stopped and explain that you wish to withdraw the appeal. Reaching. (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. If they say something that isnt right, make it clear that it is not true. You may not need any help, but it might stop it from feeling too stressful. One copy must be given to the healthcare professional at the end of the assessment. Citizens Advice have some helpful information about ESA, how claims are assessed, and how to appeal. Points are awarded as listed below. They can help with access to a device, or data, or provide guidance and reassurance on how to use the online service. If you want to ask for a mandatory reconsideration and an appeal at the same time you can, but it is best to do one or the other. If the hearing has been scheduled for a time you cannot go. 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). They claim it can take 6 - 8 weeks but depending on your area, amount of claimants, and evidence, it can take anything from a week to a year! How can I appeal a decision about my benefits? Descriptors:(a) Cannot understand a simple message due to sensory impairment, such as the location of a fire escape - 15 Points(b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment - 15 Points(c) Has some difficulty understanding a simple message from a stranger due to sensory impairment - 6 Points, Activity 8: Finding your way and being safe, using a guide dog orother aid if normally used, Descriptors:(a) Unable to find your way around familiar places, without the help of another person, due to sensory impairment - 15 Points(b) Cannot safely cross the road (or complete another potentially dangerous task), without the help of another person, due to sensory impairment - 15 Points(c) Unable to find your way around unfamiliar places, without the help of another person, due to sensory impairment - 9 points, Activity 9: Extensive incontinence (other than bed-wetting) despite using any aids normally used, Descriptors:(a) At least once a week experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points(b) At least once a month experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points, (C)At risk of incontinence, bad enough for you to need to wash and change your clothes, if you are not able to reach a toilet quickly - 6 Points, Activity 10: Consciousness during waking moments, Descriptors:(a) At least once a week, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration - 15 Points(b) At least once a month, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration - 6 Points, Mental, cognitive and intellectual function, Descriptors:(a) Cannot learn how to complete a simple task, such as setting an alarm clock - 15 Points(b) Cannot learn anything beyond a simple task, such as setting an alarm clock - 9 Points(c) Cannot learn anything beyond a moderately complex task, such as thesteps involved in operating a washing machine - 6 Points, Activity 12: Awareness of everyday hazards (such as boiling water or sharp objects), Descriptors:(a) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage property or possessions, so that they need supervision most of the time to stay safe - 15 Points(b) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage property or possessions, so that they need frequent supervision to stay safe - 9 Points(c) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage to property or possessions, so that they occasionally need supervision to stay safe - 6 Points, Activity 13: Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks without needing prompting from somebody else), Descriptors:(a) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.15 Points(b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time.9 Points(c) Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions.6 Points, Descriptors:(a) Cannot cope with any change to the extent that day to day life cannot be managed - 15 Points(b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult - 9 Points(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult - 6 Points, Descriptors:(a) Cannot get to any specified place with which the claimant is familiar -15 Points(b) Is unable to go to a familiar place without being accompanied by another person - 9 Points(c) Is unable to go to an unfamiliar place without being accompanied by another person - 6 Points, Activity 16: Coping with social engagement due to cognitive impairment or mental disorder, (This is about your ability to interact with people in face-to-face social situations. 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