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TOPIC: WORK CAPABILITY ASSESSMENT INTERVIEW

WORK CAPABILITY ASSESSMENT INTERVIEW 9 months 3 weeks ago #226453

Hello.
My husband, who is 60 had a massive heart attack in November and was admitted to hospital with heart failure. He has been told by his consultant that he can no longer go back to his job of Hackney carriage driver for over 30 years as he will not meet the Group 2 criteria any longer.
He was discharged after a week and is still under the care of his consultant and heart failure nurse, who is adjusting his medications. We have had to apply for UC as he is self employed and have filled in the UC50. Today we received an appointment for Saturday this week for his interview. He has limited walking ability due to breathlessness but i don't think we will get the required points on paper for LCWRA.
My question is as he is still under the care of the hospital and due for ongoing treatment will he IYO have any chance of receiving it due to it may harm his health if he is made to actively seek work at this point in time/ He collapsed when his meds were last increased.
i have read the booklet on this site.

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WORK CAPABILITY ASSESSMENT INTERVIEW 9 months 3 weeks ago #226466

Doodles

It sounds as if you are talking about him qualifying through the Substantial Risk Regulations, there is a detailed section on this in the ESA Claim guides that explain the specific criteria he will need to meet.

He can either be assessed for Limited Capability for Work (LCW) which would still require him to carry out activities to prepare him for a return to work or Limited Capability for Work Related Activity (LCWRA) which should mean that he has a minimum Claimant Commitment, usually no more than his checking his UC Journal regularly.

I'm afraid I can't really offer an opinion based on the information you have supplied as to whether he would meet either of these.

Gordon

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

WORK CAPABILITY ASSESSMENT INTERVIEW 9 months 3 weeks ago #226476

His consultant has told him he will not be fit any type of work for at least another 6 months as his cardiac health is not good at the moment. I understand from comments on here that they do not really take notice of doctors or consultants. If they were to deem him fit for work it will jeopardise his recovery. I've read the section you refer to and this does seem a good reason for LWRCA

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WORK CAPABILITY ASSESSMENT INTERVIEW 9 months 3 weeks ago #226478

Doodles

There's no reason why they should not pay attention to his Consultant given how recent his heart attack was but his comments, as they stand, would only qualify him for LCW not LCWRA.

Gordon

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

WORK CAPABILITY ASSESSMENT INTERVIEW 9 months 3 weeks ago #226484

Thanks. I will let you know how it all ends.

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WORK CAPABILITY ASSESSMENT INTERVIEW 6 months 3 weeks ago #230921

Hi Gordon.
My husband was found to have LCW.
We only got the result on our UC journal last week.
I am doing a mandatory reconsideration at the moment using the guides.

He is still under the care of his heart failure nurses and consultant having his meds adjusted and waiting to have an ICD fitted and has ongoing breathlessness and fatigue.

He has recently got PIP Standard Living and Standard Mobility.
Should I enclose the PIP award as additional information for him?

Also should i enclose all the information that was sent originally, along with the new information
I have.

Thank you.

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Moderators: GordonGaryBIS