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ESA to UC migration – DWP requesting fit notes

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5 days 3 hours ago #310588 by Ant
Hello,

Presently, I'm going through ESA to UC managed migration.

Having made my claim, today I found a message in my UC journal wrongly telling me that I haven't had a Work Capability Assessment and thus that I must provide fit notes. A claimant commitment appointment's been scheduled for me that seems to be focused on work.

The B&W managed migration guide says that ESA claimants wrongly being treated as job-seekers is a known issue. Knowing that it's a mistake doesn't make it any less worrying, though. I will be following the advice to urgently submit a complaint.

All the same, if anyone has any good advice to offer on how best to resolve this problem, I really would be very grateful to hear it. :)

A couple of questions come to mind...

1. Should you send in fit notes as requested or not?

Some time ago, a Citizens Advice Help to Claim advisor told me NOT to send in fit notes if this problem occurs, though they didn't say why.

2. If you accept your claimant commitment, should you be attempting to do things set out in it that you're not well enough to do?

The B&W guide cautions claimants to accept their claimant commitment for the time being so as to avoid their claim being closed.

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4 days 13 hours ago #310593 by David
Hi Ant

Have you had a WCA which has placed you in the Support Group?

David

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3 days 12 hours ago #310633 by Ant
Hi David,

Yes. Support group / LCWRA.

The claimant commitment appointment is a commitment review. My journal says, "This is to review your situation and agree new commitments."

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2 days 13 hours ago #310677 by David
Hi Ant

As you are in the Support/LCWRA group you don't have to do any actions that you don't want to do. You don't have to engage with a Work Coach regarding training, education or employment and you don't have to supply Fit Notes to the DWP.

Hope this helps.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ant

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1 day 1 hour ago #310720 by Ant
Thanks, David.

In the past, you advocated complaining to the manager of the local Jobcentre Plus. Would you still?

It's been confirmed that this problem arises when there's a delay in the claimant's WCA outcome being transferred onto the UC system, which means that it's a central issue.

All the same, at local level, the problem may well be that staff are going along with whatever the system tells them, including that they must impose work-related requirements.

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7 hours 17 minutes ago #310726 by BIS
Hi Ant

Only you can decide whether or not you want to complain. I imagine at the current time, complaint numbers are pretty high, so it might be some time before you hear back and depending on what you are hoping for, the outcome will be less than satisfactory.

BIS

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

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