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LCWRA tribunal, what evidence do I need?

jadeXXjadeXX Member Posts: 53 Connected
edited October 2018 in Universal Credit
Hi I’m not sure if I’m posting in the right place but I was wondering if anyone could help me please I have a tribunal to attend for LCWRA and was wondering what the doctor would need to write on the evidence letter and what else I could use as evidence I suffer with anxiety and depression and it’s also affected my speech I currently recieving LCW and also waiting for a PIP decision thank you

Replies

  • mikehughescqmikehughescq Member Posts: 5,297 Disability Gamechanger
    You need a representative to start with. They need to review your appeal bundle and then decide what evidence if any is needed.
  • jadeXXjadeXX Member Posts: 53 Connected
    Who needs to be the representative please I haven’t got a clue about anything it’s making my anxiety worse :(   
  • mikehughescqmikehughescq Member Posts: 5,297 Disability Gamechanger
    Citizens Advice, local authority welfare rights, independent advice centre, law centre etc.
  • jadeXXjadeXX Member Posts: 53 Connected
    Okay thank you I’m going to pop to citizens advice tomorrow I didn’t know you needed one I was just going to turn up with my dad it’s in about a weeks time I’m dreading it 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You don't need a representative but it's better if you did have one. I would have said at this late stage though that you most likely won't be able to get one as your hearing is in about a week.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • jadeXXjadeXX Member Posts: 53 Connected
    Okay thank you I didn’t know otherwise I would of tried to get one earlier on I didn’t get told anything about it  :|
  • jadeXXjadeXX Member Posts: 53 Connected
    Do you know what the doctors letter needs to include please as I’ve made an appointment for today but they are not sure what they have to write 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    You will need more evidence than just a letter from you GP. The evidence needs to state how your conditions affect you and to prove that one of the descriptors for LCWRA apply to you.

    Have you sent any evidence at all? You need to look at the bundle HMCTS have sent you, everything you have already sent to support your claim will be in there.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • jadeXXjadeXX Member Posts: 53 Connected
    I haven’t been able to get any evidence I don’t know what I can get I got a massive bundle that I was sent and the descriptors from Citizens advice that I had for my appeal to go to tribunal 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    How are you proving that you have LCWRA without evidence? I don't know what you mean by the descriptors from CAB that you had for your appeal to go to Tribunal. When is your Tribunal hearing date? Really the evidence should have been sent ASAP at the start of your Tribunal request, the sooner you send it the better. Although you can send it to arrive at least 10 days before the date. Taking it on the day, there's a chance it may not be used as evidence.

    There's criteria for meeting either LCW or LCWRA and both descriptors are different.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Here's a link for the LCW and LCWRA descriptors. You can click on each one and it tells you in more detail. https://wcainfo.net/issues/substantial-risk-lcwra#activities

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • jadeXXjadeXX Member Posts: 53 Connected
    I only had the letter for my tribunal about a week ago im suicidal and hardly leave my flat so it’s been hard to try and get evidence, citizens advice wrote a submission for the tribunal saying how my condition affects me and that there would be a detrimental impact on my mental health if not found to have LCW or LCWRA I don’t know what evidence your supposed to get I go to the doctors every 2 weeks and I’ve been referred to mental health counciling by my GP but no one else seems bothered about my mental health 
  • mikehughescqmikehughescq Member Posts: 5,297 Disability Gamechanger
    If there would be a detrimental effect on your MH then the best evidence of that is for you to describe what has happened in the past and what would happen in practice if you were found fit or pressured into work related activity. 
  • jadeXXjadeXX Member Posts: 53 Connected
    I’ve suffered with it all my life but it suddenly worsened when I was in work my speech got affected my bosses made fun of me had customers shouting and screaming at me and would walk out in tears I was made homeless and had a breakdown and now I can hardly leave my flat let alone work or go to the jobcentre every two weeks I wouldn’t be able to cope with it, thanks for your reply x
  • jadeXXjadeXX Member Posts: 53 Connected
    There’s 3 different things on my submission, I have to have my meals the same time everyday, I have no motivation and need to be prompted to get out of bed and get dressed and that I also get aggressive due to my anxiety and depression 
  • jadeXXjadeXX Member Posts: 53 Connected
    Thank you all for your help and advice the tribunal have told me that it’s fine to except my evidence on the day and I’m going to the solicitors today and the disability advice project tomorrow so I’ll hopefully have someone to represent me on the day 
  • jadeXXjadeXX Member Posts: 53 Connected
    The appeal was aloud thank god im just a bit confused about the decision letter if anyone could help me please 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    jadeXX said:
    The appeal was aloud thank god im just a bit confused about the decision letter if anyone could help me please 
    What do you need help with?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • jadeXXjadeXX Member Posts: 53 Connected
    I just didn’t understand the letter it says does not satisfy and schedule 7 descriptors. However if she were found capable of work related activity this would result in a substantial risk of deterioration of mental health. So is this the support group? And what happens now x
  • jadeXXjadeXX Member Posts: 53 Connected
    Paragraph 4 of schedule 9 regulations 2013 applies 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2018
    Yes, this is LCWRA and is direct route to this group. Otherwise known as reg35 Support Group for ESA. Please see this link and scroll down to paragraph 4, special circumstances. https://www.legislation.gov.uk/ukdsi/2013/9780111531938/schedule/9

    Now you have to wait for DWP to place you into this group and pay you any backdated money owed. Once this is done you'll receive an extra £328 per month on your UC. It can take up to 8 weeks for this to happen, so a little longer yet i'm afraid. Well done though, great news!

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • jadeXXjadeXX Member Posts: 53 Connected
    Aw thank you so much they owe me about 2 years worth of backdated money hopefully won’t be too long I’m also waiting for a PIP decision it’s been 5 weeks now x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome. Remember that for UC the backdated payments are from the 4th month of your claim. Good luck with the PIP.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • jadeXXjadeXX Member Posts: 53 Connected
    I’m confused with the backpayments as I was backdated money for LCW from 2016 so what date will the LWCRA be backdated too?x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm afraid i have no idea, for this you'll have to ring DWP and ask because i have no idea on any dates when your claim started and what your circumstances are.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • jadeXXjadeXX Member Posts: 53 Connected
    Okay thanks it started in 2016 that’s when my LCW was backdated too I did ring them but they wasnt allowed to say 
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