LCWRA - Tribunal

Autism_at_40

Hello,

I know there are a lot of threads about this, I have read some, but I would like some extra information if possible please.

I was just wondering if anyone has gone through the tribunal process? 
* How long did you have to wait for the tribunal date?
* What was it like? 
* Did you go in person, or was it over a video or telephone call? 
* Did you have to go in front of a judge in a courtroom? 
* Did they let you speak? 
* Did you take anyone with you?
* Were they allowed to speak?
* How long did it take?
* If you appealed but opted not to go and they made the decision on evidence alone, how did that turn out?

Any information would really help me prepare for any possibility, I understand that every case will be different, but knowing something is better than knowing nothing.

I have seen other posts where it's been stated that there would be no back pay.  I have been told differently by my support worker, who said that back pay may be given, but is not guaranteed.  Surely, if a tribunal decides that the DWP made the wrong decision in the first place, back pay should be given?

I also noticed people talking about adding sick notes, when I was put on LCW, I was told that I no longer needed to put any sick notes on file. So I haven't been doing that. (I don't know if that was because I was in Wales at the time, maybe rules are different there? - I've not been told anything since moving back to England).

poppy123456

The wait could be at least several months, sometimes longer. There will be a Judge and a Doctor. It will be informal and most likely in a room with just a table in it.

Yes they will let you speak. If you don’t understand the questions being asked or you didn’t hear them then ask them to repeat it. You will be allowed to take someone with you but you will need to speak for yourself. They may ask the person with you if there’s anything they want to add at the end.

Sometimes they just ask a few questions and it’s over very quickly. Other times it can take anything up to about 1 hour sometimes longer. 

It’s rare for them to make a decision before the hearing itself but it can happen. 

Most are by telephone but some are still face to face or video.

When you were found fit for work then no further fit notes were needed, this will not affect any money they may owe you if found to have LCWRA. These rules apply nationally regardless of where you live. 

If found to have LCWRA you will be owed extra money from the 4th month after you reported your health condition. 

You may not have a decision on the day. If this happens they will send you a decision letter within a week. It doesn’t mean you didn’t win the hearing. 

Autism_at_40

It’s rare for them to make a decision before the hearing itself but it can happen. 

What I meant was that my support worker said that I could opt not to attend at all and they would just make the decision without me attending a hearing.  I was asking if anyone had done that.

When you were found fit for work then no further fit notes were needed, this will not affect any money they may owe you if found to have LCWRA. These rules apply nationally regardless of where you live. 

I've not been found fit for work.  When I was given LCW I was told not to put sick notes in anymore.

So I reported myself sick from I think February 2022, so what, that's like 11 months at present?

Have you actually got experience of tribunals?  I'm hoping to get information from people who have actually been through it.

poppy123456

Autism_at_40 said:

It’s rare for them to make a decision before the hearing itself but it can happen. 

What I meant was that my support worker said that I could opt not to attend at all and they would just make the decision without me attending a hearing.  I was asking if anyone had done that.

Paper based hearings have a very low success rate so it's better if you can either attend in person or opt for a telephone assessment. Not many people have paper based hearings because of the low success rate.

Autism_at_40 said:

I've not been found fit for work.  When I was given LCW I was told not to put sick notes in anymore.

So I reported myself sick from I think February 2022, so what, that's like 11 months at present?

I know you weren't but the same rules apply. No further fit notes are needed, regardless of what the decision was. It doesn't affect any money that's owed if you're found to have LCWRA.

If you reported your health condition in Feb 2022 then if found to have LCWRA then you'll be owed money from either June or July 2022.

The exact date will depend on what date you reported your health condition and what date you usually receive your money each month.

Autism_at_40 said:

Have you actually got experience of tribunals?  I'm hoping to get information from people who have actually been through it.

Does it make any difference? I'm trying to help you, isn't that all that matters here? The advice i've given is still correct.