WCA timeframe

SJM2023

Having just been unsuccessful with my WCA and found to be fit for work, i have a few questions. I've just been waiting for the decision before i add another health condition to my UC account.

1: In general, after a WCA decision and made fit for work, and if another health condition is added, is there a specific time period before a second WCA can take place?

2: More importantly as I'm appealing and i figure the whole process up to any Tribunal could be between 6 months and 1 year, would this automatically stop a second WCA being started? I'm thinking they couldn't run concurrently?

3: If i was still made fit for work after any Tribunal and with another health condition taken into consideration, would a second WCA be able to proceed immediately after the tribunal or not?

Hopefully you can give me a better understanding of my options.

poppy123456

It's more complicated than just reporting another condition. They will only accept a new fit note if it's for a completely new condition or if it's for a significantly worsening of an ecisiting condition.

Also doing so could mean another fit for work decision, if you use the same evidence you previously used, as this often happens. Not only that any new decision made on your change of circumstances will overrule any decision made by the MR or Tribunal (if it gets that far) so you could be back to square one again and then the whole process of MR/Tribunal will start all over again.

Reporting changes isn't always the correct route. MR and Tribunal is.

If the Tribunal find you fit for work then you can either report a completely new health condition or a significantly worsening of an existing condition.

SJM2023

Ok thanks for the quick reply and i understand it a little better now.

I will be seeing my GP about another health problem (mental health) which I've been intending to do for a while.

Would i not have to inform UC of this or could i leave it until say after the appeal process has finished?

poppy123456

No, you do not have to inform UC about your other health condition at this point. For the MR/Tribunal a worsening of health condition will not be taken into consideration.

Even if you do go down the change of health condition route, the whole process could take several months again and if the worst happens again you're back to the start. There's more than a 70% success rate for Tribunal, providing you either appear in person or have a telephone/video hearing.

SJM2023

"No, you do not have to inform UC about your other health condition at this point. For the MR/Tribunal a worsening of health condition will not be taken into consideration"

Ah that's very interesting, as i have to see my GP anyway to discuss my mental health, i thought if it went to the tribunal stage that would also taken into consideration along with my current health problems.

It's a very complex process and i have some thinking to do, especially what group i think i should be put into. I would just assume i would have more chance being put into the none support group but i really don't know at this stage.

calcotti

SJM2023 said:

It's a very complex process and i have some thinking to do, especially what group i think i should be put into. 

The tribunal is to determine what group you should have been put in at the time of the DWP decision (not what group you be might be put in now}.

SJM2023

Thanks i understand that, but i do have to make it clear now with the MR what group i think i should placed in as i have to choose one, think thats what poppy said?

I haven't actually requested it yet as i thought poppy meant getting a copy of my WCA, which i have requested.

poppy123456

SJM2023 said:

Thanks i understand that, but i do have to make it clear now with the MR what group i think i should placed in as i have to choose one, think thats what poppy said?

I haven't actually requested it yet as i thought poppy meant getting a copy of my WCA, which i have requested.

Yes that’s correct, you need to tell them which group and why you think you should be placed into. 

No, I didn’t advise you to request a copy of the assessment report because that’s not something I ever advise. This is because all it usually causes is a distraction to what you should do for the MR request. 

SJM2023

Ok great, thanks, its much more clear now.
Just to clarify however, any MR and tribunal won't take any worsening of your existing condition into consideration as you said, but no new condition either?

Also, if i did add a new health condition to my UC account and its serious enough, a new WCA could be triggered in theory at any time, as there isn't a time limit before a new wca could begin after the previous decision?

poppy123456

If it's a diagnosis because of the symptoms you were having then that's fine. It's not about a diagnosis anyway.

SJM2023 said:

Also, if i did add a new health condition to my UC account and its serious enough, a new WCA could be triggered in theory at any time, as there isn't a time limit before a new wca could begin after the previous decision?

Well in all honesty i wouldn't advise you to do that at this stage. Reporting a new health condition you will need a fit note and yes this will trigger a new WCA. Not a route i would advise.

SJM2023

Thanks, i am more confident i have a much better Idea now of my options, I'm unsure of what you mean with this and what it relates to from my questions:

"If it's a diagnosis because of the symptoms you were having then that's fine. It's not about a diagnosis anyway"

poppy123456

SJM2023 said:

 I'm unsure of what you mean with this and what it relates to from my questions:

"If it's a diagnosis because of the symptoms you were having then that's fine. It's not about a diagnosis anyway"

You mentioned a new condition. Some people have many symptoms of certain conditions but not a diagnosis and they later go onto have a diagnosis, which you can tell them for the MR and Tribunal.

SJM2023

I'm still waiting for the assessment report but i decided to call UC and request a MR to save time.

I was under the impression i have to decide what work group i think i should be placed in and why.
The guy i spoke to just said if he requests a MR it will go to my case manager, they'll provide a link to upload any new medical information and then they'll make a decision without giving me information about what work group i should be in or the reasons.

I'm confused what the process is doing a MR by phone and when do i get the opportunity to make my case and give details?

I didn't go through with it until i know more. I want to do the MR by phone to save time.

poppy123456

I’m confused why you think they should give you information about which group you should be in? This is up to you to decide and to make your case. You were found fit for work so they don’t think you should be in any group. 

It’s always better to put it in writing rather than do it by phone. How do you know the person on the other end is typing what you tell them to? 

The opportunity to make your case is when you request it. 

You don’t need the assessment report to request the MR. 

SJM2023

Thanks.

That's not what i meant at all.
I know its up to me to make my case and tell them what group i think i should be in, but when and how do I get the opportunity to do this with MR by phone?

What's the process with this as UC when i called them didn't mention anything about it.

poppy123456

You should put it in writing as I keep advising. You can do that on your journal or send them a letter, or fill out a form. 

If you decide to do it by phone then you need to tell them which group and why and you can do this by ringing the helpline. Not the best way at all. 

SJM2023

I will download the CRMR1 form and do it that way as i feel i will be able to include as much information as possible.

Are you saying that i won't have to tell them what group i think i should be in and why if i just send the CRMR1 form? Does this only happen if you do a MR by phone only?

This was going to be a big decision id rather not make, so ideally I don't have to?

poppy123456

You still need to tell them which group you think you should be in and your reasons why. This needs to be done which ever way you request it. 

I don’t understand why you think you shouldn’t do this. You need to look at the descriptors and see which one you think applies. You can see them here for LCWRA https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity
LCW here https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work

SJM2023

Thanks for your help, but to be fair your previous reply did kind of imply this would only happen if i made a MR by phone, well at least to someone who doesn't what's involved.
I've always thought i would have to indicate what group/why anyway.

Hopefully i get to read my assessment report soon.

madee93

poppy123456 said:

If it's a diagnosis because of the symptoms you were having then that's fine.

I have lwc for sciatica back problems and MH but I've now had to have surgery on my spine for cauda equina syndrome which has left me with nerve damage more pain and reduced mobility...I'm unsure how to go about changing from LWC to LWCRA.PLEASE ADVISE. DO I MAKE A NEW APPLICATION FOR WCA or report change or something else bearing in mind the back problems were related to the new diagnosis CES I just didn't know about it then and put it all down to sciatica??

poppy123456

SJM2023 said:

, but to be fair your previous reply did kind of imply this would only happen if i made a MR by phone,

That’s because I missed out the word “still” in my comment here. Which I’ve now added. Typos happen, especially when giving so much advice. 

poppy123456 said:

If you decide to do it by phone then you “still” need to tell them which group and why and you can do this by ringing the helpline. Not the best way at all. 

I did give you advice on how to request it and what you need to do in your other thread, which I advised to state which group and why. Thread here https://forum.scope.org.uk/discussion/105078/wca-waiting-time#latest