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Hi, myame is ami_ali1993! how long would i wait for the descison to be made?

ami_ali1993

hi everyone please help i have been fighting this case since september 2002 and am so upset that this decsion has been made i dont even leave my house by myself somone is alaways with me only go out to really important appoinments with somone with me. i just receveied a letter stating i dont have limited capability for work and cannot be treated as having it.

know the matter is remitted to the secretary of state to make a final decision upon entitlement to universall credit. what does that mean and how long would i wait for the descison to be made.i have chronic pain syndrom social anxiety and depression

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poppy123456

Im assuming its Tribunal decision and if they’ve decided you do not have Limited Capability for Work then that’s what the decision is.

The Secretary Of State is DWP who will take the decision the Tribunal made.

Was this a paper based hearing or did you either appear in person or have a telephone/video hearing? Were you found fit for work?

Jimm_Alumni

Hi @ami_ali1993, welcome to the scope online community 😃 I'm sorry to hear you've been fighting for your entitlement for quite some time. So has this been ongoing since before Universal Credit began?

I hope you get an answer to it all very soon

ami_ali1993

https://forum.scope.org.uk/discussion/118715/hi-myame-is-ami-ali1993

https://forum.scope.org.uk/discussion/comment/872470#Comment_872470

on my letter it says my appeal is refused and it only says that i do not have limited capability for work and can not be treated as having limited capability for work also on my uc50 i was not any medication or receiving any treatment for my mental heath at that time which was 2022 then my anxiety got worse and then been diagonsed depression by a professional. so what do you think i should do as this is my tribunal case after the mandatory descision

am hoping and praying that i get lcwra as am struggling on a day to day especially w with my father who passed away just suddenly which i then developed depression which had a massive impact in my life

even when i spoken do that judge the first time she stated i have severe anxiety as i can not word my sentence properly due to my social anxiety

ami_ali1993

did not understand the question unversial credit really hope the secretary of the state comes to a conclusion and reconsider rand grants me lcwra i would love everyone to pray for me

ami_ali1993

https://forum.scope.org.uk/discussion/comment/872470#Comment_872470

it was a telephone hearing as i had no one to come with me due to everyone working/college/having children

ami_ali1993

https://forum.scope.org.uk/discussion/comment/872471#Comment_872471

did not understand the question since before universal credit began i really hope the secretary of state comes to a conclusion and read all the evidence which they have been given and reconsiders and grants me lcwra i would love if everyone can pray for me

poppy123456

Your appeal has been refused and you were found fit for work, it's highly unlikely that DWP will go against that decision, especially if they also found you fit for work too. If they thought you weren't fit for work then you wouldn't have been at Tribunal stage. The wording in the letter where it says "remitted to Secretary of State for the final decision" is standard statement on the letters from Tribunal.

You said your health conditions got worse, were you aware that the Tribunal will not have taken into consideration any worsening of condition since the original assessment took place? If you told them your conditions got worse then it could have gone against you.

Telephone hearings have the same success rate as appearing in person.

You can request the statement of reasons and record of proceedings from the Tribunal within 1 month of the date of the decision. Once you receive those you will need to find someone to take a look to see if they can find the error in law. If they can't then you will not be able to take this any further.

You can of course report either a worsening of health condition or a new health condition and provide fit notes again. You will be referred for another work capability assessment again. Please be aware that if you use the same evidence you previously used then they may come to the same decision again.

ami_ali1993

https://forum.scope.org.uk/discussion/comment/872499#Comment_872499

i did not tell them my condition got worse but report a health change for depression and social anxiety then chronic pain syndrome which was diagnosed 2023. so sorry for asking twice but when will i get the final decision as the letter states in the exact words the matter is now remitted to the secretary of state to make a final decision upon entitlement to universal credit uc

poppy123456

Who did you report a health change to? One other thing I need to point out is that DWP can't change a Tribunal decision so this decision is final. Unless they challenge that decision, which of course they won't do because the Tribunal agreed with them.

You will at some point receive a decision letter from DWP saying you were found capable of some work. It doesn't mean you're not entitled to UC as that will depend on your circumstances, it means you've been found capable of work.

ami_ali1993

https://forum.scope.org.uk/discussion/comment/872508#Comment_872508

on my universal credit report a change of circumstances.so 100 i should not wait for the final decison as there is nun and what ever the letter says is final of should i wait as you never know they might changes their mind am

hoping and pray i get it 😭

poppy123456

I'm sorry but I don't understand exactly what you're asking here.

ami_ali1993

https://forum.scope.org.uk/discussion/comment/872510#Comment_872510

sorry about that so the letter which i have received is final then and should not wait on the final deisions as i said you never know am might be in luck am having faith

poppy123456

The Tribunal have made their decision and that will not change. You can request the statement of reasons as I advised but you can't appeal this decision unless there's an error in law.