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Forum Home  →  Discussion  →  Conditionality and sanctions  →  Thread

Ill client sanctioned 2 months before reaching retirement age

Graham Summers
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Welfare rights officer - Welfare Rights Service, Leicester City Council

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Total Posts: 53

Joined: 17 June 2010

i have a client who had notified UC that he was unwell , he ad a previous WCA and was placed in the all work requirements regime 6 months previous in the appeal papers it states he had submitted another sicknote (this has not been included in the papers) my client failed to attend a WFI due to his illness and gave reasons that he was unwell and i have provided sick note and that should be enough not to attend.

the claimant commitment is basic and not in anyway tailored to his capabilities and it doesn’t show when exactly this second sick note was produced, or what the condition on it was.  my client failed to engage in the appointment stating he would sooner die of starvation than leave his home and attend so it has been left open and he then claimed hi PC.

he has had to move into his daughters house and he has no phone and is quite unwell so communication is virtually non existent.  email now and then when well enough or assisted.

i have requested medical records to see what the sick notes say and what period they cover . it seems that UC have not acknowledged his capability at all and given no consideration if his commitment reflecting that. the hearing is listed for 1 Feb and looking for possible technical points to raise as communication with client will be limited

Dan Manville
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Greater Manchester Law Centre

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Total Posts: 470

Joined: 22 January 2020

Are you in time to challenge the WCA outcome? That’s the principal ill here. If it’s not been reconsidered and less than 13 months have passed you’re in business.

If he was ill and can document it it should be a no brainer, might be worth asking just for the consultation history as they ma be able to provide it more quickly than full records

Graham Summers
forum member

Welfare rights officer - Welfare Rights Service, Leicester City Council

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Total Posts: 53

Joined: 17 June 2010

yes submitted late MR for that with late reason waiting that . have the hearing soon so will be making panel aware we are challenging if no response by the time its heard which is highly likely