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Fit notes

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Good afternoon, just a quick question hopefully:

It is my understanding that once you have been awarded limited capability for work and work related activity that you do not have to keep sending in fit notes, am I wrong? (I think I’m wrong haha!)

I have a client who successfully appeal, was awarded this but they are still telling her to provide a fit note.

Thank you for any information in advance.

Elliot Kent
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Once you have got an assessment as LCW/LCWRA, no more fit notes are needed. The point of the fit notes is to give a general indication that you aren’t able to work until the WCA is carried out. After the WCA is carried out, they have served their purpose and aren’t needed any longer.

It does take a bit of time for DWP to actually process an appeal decision, so invariably there will be a short period after the tribunal decision but before it has been registered on the DWP’s systems where they will still be requesting fit notes etc.

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Elliot Kent - 25 October 2021 02:46 PM

Once you have got an assessment as LCW/LCWRA, no more fit notes are needed. The point of the fit notes is to give a general indication that you aren’t able to work until the WCA is carried out. After the WCA is carried out, they have served their purpose and aren’t needed any longer.

It does take a bit of time for DWP to actually process an appeal decision, so invariably there will be a short period after the tribunal decision but before it has been registered on the DWP’s systems where they will still be requesting fit notes etc.

Thank you for your help.  That’s what I though initially but the client states that the DWP are aware that the appeal was successful but they still require the fit note so I got a bit confused.

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Seen this issue before. If it isn’t just a delay like Elliot suggests, you can probably resolve it with a journal message referencing (if it has indeed been included) the LCRWA element in the payment statement.

Andyp5 Citizens Advice Bridport & District
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We are seeing more examples of this…............................

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Andyp5 Citizens Advice Bridport & District - 26 October 2021 01:10 PM

We are seeing more examples of this…............................

Very worrying!

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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All the more so as, if client has given consent, DWP will have written to GP informing them of the outcome of the WCA and told them they no longer need to issue Fit Notes. When claimant asks GP to provide one GP may say they don’t need to because DWP told them so!

Mairi
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Welfare rights officer - Dunedin Canmore Housing Association

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I spoke to a claimant yesterday who has had LCWRA for some time.  She is doing 6 hours self-employed work per week and has been asked to provide a fit note confirming that she is only able to work 6 hours a week.  I don’t even know why she has a work coach…...needless to say we’re asking questions.

UB40
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Debt Advice + Community Money Advice Launceston

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Once LCWRA has been assessed the claimant is put into the NWRR conditionality group and the UC Build removes the Work Coach. There is however a facility for the Work Coach or Case Manager to change the conditionality group and this would then allocate your client a Work Coach. There are plenty of new inexperienced staff around on temporary contracts making errors. The further worry is in some conditionality groups self employment is a ” payment blocker ” and the Build will stop all payments until a ” gainful self employment ” interview has been conducted.