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Mandatory reconsideration

sammclean94

After my post yesterday on this forum i have a few more questions that universal credit are struggling to answer, i have put in for my mandatory consideration (15 days ago i believe) i gave evidence in the form of a statement from my self and from my mother about how my condition has worsened from the time of my assessment till now (struggling to leave the house and preform basic tasks due to anxiety levels) and i also put that my doctor is.more than happy to provide a statement if contacted. I am wondering what the chances are of them changing my award from LCW to LCWRA? while the extra money that comes with the award would help alot im more concerned about having to do work related activity which i mentioned in my statement and on the forums is causing me serious distress already, how often do they change there minds? And if my mandatory reconsideration doesnt go through whats my next step?

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sammclean94

Also a side note, universal credit have said they will have an answer within 28 days for my reconsdieration but after the amount of time it has taken for them to send a piece of paper from one office to a other i dont have high hopes for this timescale

poppy123456

Hi,

I'm sorry to hear your condition has got worse since your assessment. Unfortunately, DWP and Tribunal won't take into consideration any worsening of condition since the decision was made. Only 18% of MR decisions change so you'll very likely have to take it to Tribunal because most do.

If the MR decision remains the same then you'll have 1 month from that date to request the Tribunal.

sammclean94

How successful are the tribunals? And what even is a tribunal? I have asked these questions to UC but receive no answer so i thank you for your speedy reply, i hope tribunals have more success than MR

sammclean94

And also how can my worsening condition not to be taken into account? It was the basis of my statement and MR

poppy123456

Tribunals have a 74% chance of success if you appear in person. Paper based only have between 5-8% success.

A Tribunal is held by HMCTS (Her Majesties Courts and Tribunal Service.) they are totally independent of DWP and the health assessment providers and they will look at all your evidence ( not a worsening of condition) ask you questions on the day of the hearing based on how your conditions affect you and then make a decision from there. The following link mentions ESA but the process is exactly the same. https://www.advicenow.org.uk/guides/how-win-appeal-about-your-work-capability-assessment.

A worsening of condition is never taken into consideration because that's not what your condition was like at the time the decision was made.

If it does get as far as Tribunal then you'll need to send evidence of what your condition was like up to the time of the decision. The evidence you sent in for the MR stating your worsening condition will not be used.

Also please be aware that waiting times for Tribunals are huge across most of the country and lots of people are waiting as long as 1 year for a hearing date.

You really should get some face to face advice and help with this from a agency near you. This link will help you find what's local to you.

https://advicelocal.uk/

david235

sammclean94 said:

And also how can my worsening condition not to be taken into account? It was the basis of my statement and MR

Reconsideration and Tribunals remake the original decision. As such, they look at how you were on the date of the decision and cannot consider any subsequent changes.

Worsening of your condition must be dealt with via the change of circumstances process.

sammclean94

@david235 thank you for the info, should i go about this change of circumstance process now?

poppy123456

sammclean94 said:

@david235 thank you for the info, should i go about this change of circumstance process now?

I wouldn't advise that you do this without first getting some face to face advice from an agency near you. Putting in a change of circumstances means you could lose the LCW you already have. This really isn't the sort of advice anyone can give you on an internet forum.

david235

I agree with @poppy123456 . Reporting a change of circumstances is not something to be done lightly - you risk losing the LCW you already have and there might be little to no hope of getting LCWRA in your particular circumstances. I mentioned change of circumstances because it is the only way that any change after the original decision can be considered, not because I was recommending that you reported a change of circumstances.

I urge you to get help from a local advice provider if reconsideration does not award you LCWRA, starting with exploring whether there is a case for seeking LCWRA at tribunal.