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Help with tribunal appeal

Dan88

Hello all, I have finally been given my medical report form after they made me jump through loop holes to get it.

I am not sure who they are talking about on the form because it deffo was not me. Everhthing I said has been twisted, or outright lies have been written!

Do they record these conversations?

I need to apply to tribunal as they upheld their decision on the rm.

To apply to the tribal does anyone have any advice? Is this long winded? Or is it just to make clear I want to appeal and then the actual tribunal I lay everything out?

I’m a bit confused what to do. No local authorities to me can help with this as they are in undated with people and cab have not been helpful.
I have been to a work related tribunal in the past and it was hell on earth. But it was done through solicitors which cost a fortune.

I just don’t really know what to do next.

My anxiety is through the roof and the job centre are now hounding me weekly to get a job and causing me more and more stress.

Any advice so appreciated.

Thank you for reading and thank you for this community x

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Comments

poppy123456

You can request it online here. https://www.gov.uk/appeal-benefit-decision/submit-appeal You just need to give a brief reason why you disagree with the decision for now.

You do not need to send anything you've already sent because when DWP respond they will send everything to them and you will receive a copy of everything in the bundle.

Is this for PIP or ESA/UC? You mention work and the job centre so I'm assuming it's ESA/UC and not PIP?

Dan88

Hello, no I have pip already which hasn’t changed. This is for them saying I don’t have LWCA.

Do I put that there were things I didn’t say in the assessment? This is so confusing I went to a tribunal before and was very traumatic

poppy123456

You need to put the report to one side and forget about it because that's not going to help. The assessment is in the past now and you need to forget about it. Concentrate on the reasons why you think you should have been found to have LCWRA. You can see the descriptors here for that.https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

Dan88

Thank you. And do I put this in the appeal? Or is for me to do at tribunal.

I’m talking about when I first fill in the form online to say I want to appeal? Do I put lots of detail or just a brief explanation and then add to it later?

Thank you sorry if these seems silly

bernadetta

Hi, I agree with Poppy, in the online form you could briefly point to the descriptors you believe you should have been awarded, but I would usually write something short, that you disagree with the decision; and wait for the appeal bundle. The bundle will include the decision maker's reasoning and it will make it easier for you to prepare your response (if you send one to the Tribunal), or generally prepare to the hearing.

My experience shows that the DWP rarely changes their decision once the appeal was lodged and before the hearing (then the appeal lapses), more so with PIP than UC (LCWRA); unless the former award was reduced, then there is a higher chance - but it depends on the person making the decision... Therefore, no point in stressing yourself out, you may want to complete the online form now without spending too much time on it and just wait for the bundle. Also, considering the timescale (in London it takes min 6 months to set the hearing date), in my opinion the sooner the appeal is lodged, the better

Dan88

Thank you very much for your help. I lodged the appeal and it has been acknowledged. I made my points. The dwp has one month to go back to them. And then I guess the ball will start rolling.
my doctor is supporting me also and I am receiving help for anxiety management so I’ll be focusing on this now untill I hear back from them.

Again thank you for your help x

celyn

Hi Dan I am in similar situation I have been awaiting appeal date for over a year now , you can get help and advice from welfare rights u can Google to see which is nearest to you - also there’s a good website https://www.advicenow.org.uk/guides/appeal-work-capability-assessment-decision
where u can pay for a leaflet or read it free online it gives lots of tips on what kind of evidence is useful and which are not

Dan88

Oh thank you so much! That’s really helpful. Oh wow I was told it can take a long time!!

My new work coach is wonderful and very understanding. The assessor was awful

poppy123456

I know someone that recently had their hearing for the WCA after requesting the appeal in December 2023 so not all areas have long delays for this benefit.

Dan88

Oh that’s good to know. I’ve done what you said poppy and just put it to the back of my mind for now. As no use worrying