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Universal Credit and Working

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5 years 3 months ago #223837 by jecutter
Universal Credit and Working was created by jecutter
Hi,
I failed my PIP assessment, got the letter Xmas Eve! After 3 years (now waiting for mandatory reconsideration to come back). I lost ESA on appeal last year. I started working for 16 hours in November and signed onto Universal Credit. I don't get paid much and so far haven't received much universal credit so a bit worried about my future, financially. I am struggling with the 16 hours so I know I cannot increase my hours. I have filled in a UC50 health form and feel so defeated I almost know that the medical will find me fit for work (waiting to hear when the medical will be). I am so fed up with fighting - I worked full time until I had cancer 3 years ago and I'm 55, now I can't walk properly after chemo and suffer from fibromyalgia, chronic fatigue. My question is what are the chances of me being given limited capability for work outcome if I am working part time. Is anyone else in this position? When I lost my ESA the court did say I had LCW and so did the ESA medical report, both said I had LCW. So why do I have to keep going through this when it's already been established. Thanks for reading. Any advice would be appreciated.

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5 years 3 months ago #223853 by Gordon
Replied by Gordon on topic Universal Credit and Working
jec

If you are working then this will be considered as part of the assessment so it will depend on whether your doing so contradicts the reasons that you have based your claim on, as a deliberately silly example; if you are saying that you cannot mobilise but have a job delivering the post on foot, then you are going to have problems.

Have you looked at our ESA Claim guides for details of the criteria that you need to meet?

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

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jecutter

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5 years 3 months ago #223890 by jecutter
Replied by jecutter on topic Universal Credit and Working
Thanks. No its nothing that involves mobility, it's a desk job. I have studied all of your guides detail, my area has now become universal credit so I had little choice on ESA. When I had my pip review I printed out your guides as advised and answered all the questions the HCP asked me. My Doc has given me a sick note saying I shouldn't work more than 16 hours because of fibromyalgia and chronic pain and as I said it has been a struggle. Surely a LIMITED capability for work could mean that you can work some of the time? Once I lose my blue badge it will be impossible to get to work and not going to be able to afford to run my car. There is no incentive to work at all under the universal credit scheme as all my earnings go to pay my rent.I wanted to give it a go but so much worse off.

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5 years 3 months ago #223902 by Gordon
Replied by Gordon on topic Universal Credit and Working
Jec

The mobility was just an example, you need to look at the reasons that you are putting forward in order to be awarded LCW or LCWRA

You can work less than 16 hours a week (it's actually more complicated than this) and still be awarded LCW but only if there is no conflict and it must be very clear that is not one as those assessing you will be making assumptions.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jecutter

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