Appeal advice

abyg76

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

Rosie_Scope

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

abyg76

Thank you so much. I needed to vent and so happy I found you. X

Albus_Scope

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 

abyg76

I have not heard from anyone? Am I being too impatient?

poppy123456

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.

abyg76

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

So I guess no one can give me any advice? Or experiences? ??

poppy123456

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.

WhatThe

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. 
 
   
  

abyg76

**** UPDATE****

Last week I recieved notice that my tribunal was successful so I am and (theoretically have been) in the LCWRA group AND I have been paid 3 YEARS backpay. Whilst I am unbelievably happy that I finally succeeded its bittersweet, both my parents have died in the last 4 years, my Mum in DEcember. She was supporting me financially, now myself and my brother will inherit and I have no idea how this will affect my UC claim? N.b. we will recieve between us approx 1/2 million in assets and capital, this certainly will not provide me with a regular sufficient income.

Please help??

Adrian_Scope

Congratulations on your successful appeal @abyg76 but I'm really sorry to read about the loss of both of your parents in such a short time.

Typically, savings or capital over £16,000 will mean you are not eligible for income related benefits so your UC claim would close.

However, without more information it's difficult for us to advise and when dealing with that amount of money we'd strongly recommend getting expert advice. You can find advice local to you at Advicelocal.