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LCWRA tribunal, what evidence do I need?

jadeXX

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

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jadeXX

Who needs to be the representative please I haven’t got a clue about anything it’s making my anxiety worse

jadeXX

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

poppy123456

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.

jadeXX

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

jadeXX

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

poppy123456

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.

jadeXX

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

poppy123456

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.

poppy123456

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

jadeXX

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

jadeXX

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

jadeXX

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

jadeXX

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

jadeXX

The appeal was aloud thank god im just a bit confused about the decision letter if anyone could help me please

poppy123456

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?

jadeXX

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

jadeXX

Paragraph 4 of schedule 9 regulations 2013 applies

poppy123456

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!

jadeXX

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

poppy123456

You're welcome. Remember that for UC the backdated payments are from the 4th month of your claim. Good luck with the PIP.