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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Relevant periods while R2R appeals proceed and no contact with JCP

Dan Manville
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Greater Manchester Law Centre

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Total Posts: 489

Joined: 22 January 2020

Interested in peoples’ thoughts on this.

Client has a protracted R2R dispute with no real means of contacting UC while it went on. We ended up threatening JR it got so silly, especially after a daft DM didn’t read any notes and stymied the effect of the first appeal outcome so as to necessitate a second appeal (long story…) That, thankfully, fixed it and 2 years arrears of UC materialised, but not the LCWRAE.

Throughout the 2 year journey we’ve had clear evidence that the claimant should have been treated as LCWRA and assurances that JCP knew, but they’ve had no formal channel to notify it. They’ve still been in touch with JCP as; as an EU national, a job would be a beautiful thing to acquire, but I can’t see much evidence of their discussing the reasons for their illness in the available notes; probably conversations with Jobcoaches. I’d be very surprised if they didn’t mention it.

The regs require notification by sicknote or other evidence: “I’ve got cancer but I’d like a job” would be enough for me at this juncture, but the route to proper notification was blocked. I’ve not had to think about it too hard as the LCWRA determination hasn’t happened yet but it’s close so I’m opening it up to the hive.

BCD
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Kirklees council

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Joined: 23 March 2023

I suppose the obvious starting point is, did he disclose a medical problem on the original application? Can he get a backdated fitnote for 2 years?