Appeal advice — Scope | Disability forum
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Appeal advice

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abyg76
abyg76 Community member Posts: 8 Listener
edited October 2023 in Universal Credit (UC)
I've been claiming UC for 3 years. My WCA was on the phone 3/21, I didn't really understand what was happening and put on a brave face. The HCP ignored all the bad things and focussed on the good bits. I was put in Lcw and recommended for another assesment in a year. I have consistently questioned this decision and asked and asked for help. I have repeatedly asked what I am expected to do in order to 'prepare for work'  (I have been signed off by the doctor since sep 2014) not one of the 23 (prob more now) work coaches etc. could explain. I reached my limit, complained to UC, DWP, CAB. basically anyone I thought could help. I asked for the recordings/transcripts of all my calls. They have 2!! From 2 years... 2 calls recorded. I then requested all information and got a fat file of page by page printouts of my UC data records. Hardly any of my conversations were noted. Those that are, are me begging for help. I have since refused to take part in any face to face meetings (as per reasonable adjustments) although I have to remind them EVERY time they set a meeting. I also advise them that I will be recording every call. I was given a MR (declined) backdated to October 21. Which is also wholly based on the original WCA. I honestly want to put my head through a window... they even sent me a doc from their records which has the LCWRA box ticked and is dated March 21. just put in appeal, today (last day) ANY help, advice or anything would be most welcome. X

Comments

  • Rosie_Scope
    Rosie_Scope Posts: 2,213 Scope online community team
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    Hi @abyg76 welcome to the community. I'm really sorry to read about your struggles with your UC, they really don't make it easy on us at all and you are so right to feel angry about it. It's a real fight sometimes and it's so unfair.

    I've popped your post over to our Universal Credit board where our friendly members will be able to share some more specific advice and experiences, but I hope you are doing as well as possible in the circumstances :)
    Rosie (she/her)

    Online Community Coordinator @ Scope

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  • abyg76
    abyg76 Community member Posts: 8 Listener
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    Thank you so much. I needed to vent and so happy I found you. X
  • Albus_Scope
    Albus_Scope Posts: 4,081 Scope online community team
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    Hi @abyg76 I just wanted to add a hello from me as well!

    That sounds like a shambles and I'm glad you've been able to offload some of that frustration. We're all here to support each other, so you're in the right place. Our regulars are human encyclopedias of advice. :P 
    Albus (he/him)

    Online Community Coordinator @ Scope

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    Opinions expressed are solely my own.
    Neurodivergent.
  • abyg76
    abyg76 Community member Posts: 8 Listener
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    I have not heard from anyone? Am I being too impatient?
  • poppy123456
    poppy123456 Community member Posts: 54,119 Disability Gamechanger
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    You mention appeal, which refers to Tribunal. The absolute deadline for requesting a Tribunal is 13 months. When was the decision made on the MR please? If it's longer than 13 months you're out of time for any Tribunal.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • abyg76
    abyg76 Community member Posts: 8 Listener
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    Hey Poppy

    The MR was dated 7/9/23 and I lodged my appeal 7/10/23 and I'm still submitting evidence.

    My original WCA 4/21 was not truly representative of my situation. It was during covid and it feels like I was one of many calls on the day. I constantly questioned the decision and eventually (2years later) I got a backdated MR. Unbelievably they used  the WCA (main reason for complaint)  and again ignored what I had written on my UC50 and used the assessors notes (which I what my complaint is about) 

    I have so much info which disproves the evidence of the decisions (at least half is from their own people)

    I just need a fair assesment instead of having repetitive and futile conversations with people who never look at my journal.... aaarrrgggh.
  • abyg76
    abyg76 Community member Posts: 8 Listener
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    So I guess no one can give me any advice? Or experiences? ??
  • poppy123456
    poppy123456 Community member Posts: 54,119 Disability Gamechanger
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    For the best outcome i'd advise you to either appear in person or have a telephone/video hearing. If you haven't already then you need to have a look at the descriptors for LCWRA. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

    You need to state which ones you think apply to you and why. (you only need one) Give a couple of real world examples of exactly what happened the last time you attempted each descriptor that applies to you. Adding detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were.

    Sending lots of evidence all saying the same thing isn't helpful. Keep it relevant to the descriptor/s you think apply to you. Less is often more.

    Please also remember that the Tribunal will be looking at how your conditions were at the time the original assessment took place. They will not be able to take into consideration any worsening of conditions.

    You can also get some expert advice from an agency near you. https://advicelocal.uk/welfare-benefits if you have something like Welfare Rights or a law centre near you then they may even represent you. Though you will need to answer all questions yourself during the hearing.



    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • WhatThe
    WhatThe Community member, Scope Member Posts: 959 Pioneering
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    abyg, I am similarly stuck with UC and their intransigence on any matter I raise in the journal - theirs as far as I'm concerned because this is not a 'journey' but my actual life! DWP has been having 'health and work conversations' with me since 2008 but UC pretends not to know anything of my ill health or previous claims.

    I think unless you're on UC, it's impossible to imagine just how appalling these agents are when dealing with vulnerable claimants or correctly applying the law. I hope you can take comfort in knowing that the huge backlog of appeals reflects their poor decisions and know that it's not you. Their priority is the success of this programme in numbers (I suspect AI is so they won't have to hear our distress).

    Like you, I received a fat file of mostly useless data but I did find the entries of 'work coach not needed' deleted and MH, needs quiet room etc also deleted. Did you trace any such entries in yours? Well done for getting your appeal in :)  

    Finally, use a voice recorder for those calls if you don't already have one because recordings on a mobile phone, say, would not be admissible in legal proceedings. 
     
       
      
  • TheManFromLondon
    TheManFromLondon Community member Posts: 171 Pioneering
    edited October 2023
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    WhatThe said:

    I think unless you're on UC, it's impossible to imagine just how appalling these agents are when dealing with vulnerable claimants or correctly applying the law.
      
    I respect you went through that the way you describe it, and I have no doubt about it, but thats not my experience with any point of contact from Applying, work coach, WCA and even a few Admins I spoke when I had my "Karen" moments. Throughout my claim I have been treated fairly and even in bad moments with my PIP, there was always a way to be heard and options to fight a decision.

    In a nutshell, we only hear the bad experiences online, but truth is, things are better than we read.

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