Universal Credit
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lcwawra

lukejameslukejames Member Posts: 4 Listener
hi I don't no if any one can help me. I was on esa in the surport group I moved to universal credit and was put in the lcwawra group. I then went for my asesment and was placed in the limitid capability for work group so I apeald and six weeks ago had my tribunal I was apealing against the decision that I do not have limited capability for work and work related activity. I went in to my tribunal the judge sead I should not be there I've won my apeal and I don't have to do any thing and my money would be backdated I have now found out that the juge how thought I'd won the apeal as given me 18 points but this is not anough to be in the lcwawra group so I have been through twelve months of torture for the juge to tell me I've won my apeal but nothing as changed as my apeal was to be put in the lcwawra group I was oready in the lcwg the reason I was apealing is because I could not cope with the courses I was put on I have docters letters saying I can't cope in socal situations and with groups because of my anxiety. I think there as been some sort of missunderstanding as any thing simler hapend to anybody else and what can I do about it i had my decision from universal credit a week ago and oready they are trying to send me on a course sorry about the spelling any advise would be aprechiated thank you

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Have you checked the decision letter from the Tribunal to see exactly what it says? You couldn't have won the Tribunal if the decision was to keep you on limited capability for work. Please check the decision letter. You may not have scored enough points for LCWRA but you may have been placed into this group for substantial risk, if so then the decision letter will tell you this.
    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.
  • lukejameslukejames Member Posts: 4 Listener
    The juge gave me the decision notice wich says I have limitid capability for work I scored 9 points on discriptors15 and 9 on 17 but my apeal was against the decision I didn't have limited capability for work and work related activity and he told me I've won and sead he didn't need to ask me questions and I should not be there and I don't need to do anything and my money would be backdated  but he asnt scored me enough points I was oready in limited capability for work group because the lady at the asesment had put me in that group because of a substantial risk so Im thinking the judge might of got mixed up with what I was apealing for if that makes sence thank you
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes i understand now. Unfortunately the only way you can appeal that decision is if an error in law was made. Did you request the statement of reasons and record of proceedings within the first month after the decision was made? If you did then you'll need to find someone to see if the error in law was made. If no error in law was made then i'm afraid you won't be able to take this any further.

    You can request another referral for another work capability assessment but you do risk losing what you already have by requesting this.
    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.
  • lukejameslukejames Member Posts: 4 Listener
    universal credit lost my paper work. and I had to send them photos of my paper work i got off the judge so it took six weeks to get a reply and I rang them lots of times it took six weeks for them to tell me I never won my apeal I thought I had won so didn't request any thing I have sent an email to the tribunals  service and explaind every thing as best I can but had no reply yet. and I have an apointent with citizens advise on Thursday so they can try help me I will see if I can get a statement of reasons and procedures tomorow thank you for your help I will post and let you no how I get on thanks 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As it's been 6 weeks since the decision was made you are outside the time frame for requesting the statement of reasons, you must request it within 1 month of the decision.

    Without seeing the actual decision letter it's impossible to give any advice. It could be that you either mistook was what said to you on the day, you've misread what the decision letter reads. Or you badly presented your case which lead to the same decision being made.

    Do let us know what happens when you've spoken to CAB, Good luck.
    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.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Good morning @lukejames and welcome to the community. :)
    It does sound as if there has been some confusion somewhere. Best of luck with CAB tomorrow, please let us know how you get on and what they advise. 
    Senior Community Partner
    Scope

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  • lukejameslukejames Member Posts: 4 Listener
    Hi Just thought I'd Iet ya no how I'm getting on with my tribunal have just received my statement  of reasons from the judge and there had been a mistake I should of been put in the lcwwra so the judge as sead he is inviting me to ask for the decision to be set aside there had been an error which can not be proply corrected under the slip rule so I now after wait and see if universal credit agree with the judge or if I have to go for another tribunal with the same judge.i don't under stand it proply but c.a.b are helping me 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Hi @lukejames. Thanks for updating us! I'm really sorry you're having to go through this to have the decision corrected. I'm glad to read you're being supported by CAB with this. I hope they are able to get it corrected quickly. :)
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
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