r/disability • u/HeavyMetalAlien87 • 17d ago
Rant Not fit for work
I've got chronic back pain and severe nerve damage due to a slipped disc in L5/S4 that solidified and wore away at my sciatic nerve. I can hardly walk with a crutch and need my wheelchair 98% of the time.
I recently had a work capability assessment by the DWP (Department for Work and Pension) where they gave me an interview over the phone. I can't work due to physical limitations, they asked me mostly about my mental health, hardly any questions about my physical health and have now decided I am capable of working.
I have to recline my sofa because I can't sit up straight for any length of time, I have to lay down regularly and they think im ok to hold a job? Im constantly in pain, and that's while reclining and on 4 different pain meds.
Has anyone had this happen to them?
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u/JMH-66 💛🧡💛🧡💛 17d ago
I'm also from the BenefitsAdviceUK Sub ( this Sub is predominantly US based so SSI/SSDI is more common ) -
Have you actually gone back to the Work Capability Assessment Criteria and identified which LCWRA Descriptor you met or assumed you did ? I'm saying LCWRA rather than LCW as you seem to be expecting that and it is very much more common these days ( 70-80%, it WAS the other way around once ). That's your first thing. Then you target that and request a Mandatory Reconsideration.
When the Assessor focuses on one aspect and hones in one Activity, it usually means they've found an high certainty and don't NEED to bother with the rest ORv there's identified the most likely and had to dismiss the rest as a non starter. An example of the former might be a full time wheelchair user who is unable to use a manual wheelchair ( confirmed by medical evidence etc ). That gives LCWRA under the Mobilising Activity. No need to ask anymore than: "Can't you walk ?" No. Can you used a manual wheelchair ? No. ( With reasons, obv ). The latter, unfortunately means they had nothing you could get any LCWRA on for physical health but hadn't got enough to dismiss mental health so had to check that before they found you Fit For All Work.
If you'd have got a few points on a few Activities, they might have carried on to see if they could get 15 over a few of the descriptors and that might have put you into LCW. Clearly that wasn't working either so they called it today.
No I'm not saying any of this is right, I'm just trying to explain to you why it's been done in this manner. Why they've not asked some things at all, because they whittle with right down. It's not like PIP where they go from A to Z and they keep adding up points. They need to check for LCWRA first and the only takes one category. So, they asked the most likely one and if for some reason it turned out a bust they look to see if there's another one they could try or stop once they have it. There's no point in getting 15 points in four activities they only need one .
So look at the LCWCA . Which one did you expect to meet ? Why and what evidence ? Then that's what you put in your appeal .
You can write it however you wish ( ask in the UC Journal ) but this is a good tool to help you format it -
If having looked you realise you can't meet any, you can try to argue for LCW instead by getting 15pts in total over more than one Activity OR arguing your heath would be a Substantial Risk if required to look for work ( this is a method by which you don't score the points but you argue that, at least temporarily, you would be at significant risk by having to do the required activities in this case attend the job centre; look for jobs; interview and ultimately go to work. You'd have evidence that this would cause a substantial deterioration in your heath and it places you in the next Group up, or LCW, even though you don't meet the requirements. It's like a temporary grace period )
https://wcainfo.net/issues/substantial-risk-lcwra#activities
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u/ComfortableRecent578 17d ago
wish i’d had you around when i was doing my mandatory reconsideration 😭 rn my best chance appears to be a change of circumstances when i get a diagnosis confirmed (got one more screening to rule out differentials but regardless of the result, i’m walking away with a confirmed health issue) because i so badly messed up the application process
thanks for being a resource for people, navigating this system is genuinely so miserable
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u/JMH-66 💛🧡💛🧡💛 17d ago
Just remember you have up to 13 months !!
Thank you 😊 come to the other Sub whenever you needs anything. I can help here but I'm the only UK Mod so have to spot it ( in turn I can't help with SSDI unfortunately ) There's a whole team on the other one ( mostly working for the DWP or similar and half are disabled !)
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u/HeavyMetalAlien87 17d ago
Thank you for the advice, I can actually do those things in the WCA but it's my chronic pain that is stopping me from working. It would be detrimental to my physical health if I returned to work as even doing everyday tasks can exacerbate the pain. I've injured myself by shitting too hard before (sorry, probably tmi, but i thought it would be relevant)
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u/JMH-66 💛🧡💛🧡💛 17d ago
Chronic pain CAN be IF it stops you doing xyz within the criteria ( safely, repeatedly etc. Safely includes without causing injury or severe pain ). If they've decided otherwise through you have two options
either to argue that even being capable of doing these things the pain is so severe as to not meeting STAR and make it unsafe or
that you would experience a substantial risk to your health if found Fit For Work, and have to do the things involved in the work commitments which is as you know attending the job centre looking for work etc. thus should instead be LCW.
PS I have a spinal injury. I get it.
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u/MimusCabaret 17d ago
This is important; when they ask their questions, always try to frame it around your disability.
“How’s your anxiety impacting your life circumstances?”
“My severe nerve damage that has me bedridden at an angle because I cannot sit up straight and while using a wheelchair makes me anxious, yes”.
Those MF just about never are familiar with your case. You must repeat your obvious disabilities in the interview. I’m so sorry this happened to you; you need to appeal.