Tribunal hearing — Scope | Disability forum
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Tribunal hearing

UncoupledSpy
UncoupledSpy Member Posts: 17 Listener
I have a tribunal hearing for universal credit on monday at 2:00pm. Am feeling nervous to go because of my anxiety. I have a representative who will be there. What happens if I don't go to the tribunal hearing?

Comments

  • poppy123456
    poppy123456 Member Posts: 31,369 Disability Gamechanger
    HI and welcome,

    I totally understand how much anxiety this is causing you. As well as the rep do you have a friend or family member that can go with you for extra support? I would advise you to attend the hearing in person because this will give you the best chance of a decision in your favour. As you have a rep this means that you have about a 75% chance of a decision in your favour. If you don't attend then a decision could be made without you, which may not go in your favour. The panel will want to see you in person so they can see and hear how your conditions affect you.

    Good luck.
  • UncoupledSpy
    UncoupledSpy Member Posts: 17 Listener
    Yes my uncle will be present as well. My tribunal hearing is held at Manchester Civil Justice centre. I really need to win this tribunal because I want to claim housing benefit as well. I have waited 14 months. Do I get backdated if I win? 
  • poppy123456
    poppy123456 Member Posts: 31,369 Disability Gamechanger
    I'm glad someone is going with you.

    As you're claiming UC then housing benefit can only be claimed if you're living in either sheltered housing or temporary housing, otherwise help for rent is paid through UC. Are you not receiving help with your rent in with your UC monthly amount?

    If your claim for limited capability for work started after April 2017 and you're given limited capability for work (LCW) then you won't receive any backdated money.

    If the decision is LCWRA then you'll receive backdated money. How long it's backdated for will depend if you were previously in a group or whether this is the first time claiming this.
  • UncoupledSpy
    UncoupledSpy Member Posts: 17 Listener
    This is my first time claiming universal credit. Am currently living with my uncle. I have all my medical evidence papers ready for the judge to look at. Reason am going tribunal is because I failed  habitual residence test. I must get LCWRA to get backdated my universal credit? Will they backdated to the 14 months I have been waiting?
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,545 Disability Gamechanger
    Welcome to the community @UncoupledSpy! I'm sorry it's causing you to feel nervous. 

    Please do let us know how it goes and wishing you all the best!
    Scope

  • poppy123456
    poppy123456 Member Posts: 31,369 Disability Gamechanger
    edited February 2020
    This is my first time claiming universal credit. Am currently living with my uncle. I have all my medical evidence papers ready for the judge to look at. Reason am going tribunal is because I failed  habitual residence test. I must get LCWRA to get backdated my universal credit? Will they backdated to the 14 months I have been waiting?

    The habitual residence test (HRT) has nothing to do with the LCWRA and for this you will need to go through the work capability assessment process, which will start once you send in fit notes, if you win the Tribunal hearing.

    As you live with your uncle then claiming any help with your rent may not even be possible.
  • UncoupledSpy
    UncoupledSpy Member Posts: 17 Listener
    @poppy123456 I will be going back to rehab again because of my mental health. Am technically homeless because I pay rent to my uncle and he has given me a time period as to leave his house. I get PIP and 117 aftercare payment. I still don't understand if I win the tribunal will I get backdated or not? As for claim for housing benefit my social worker is helping me get on Manchester move and my uncle will kick me out soon anyways :(
  • UncoupledSpy
    UncoupledSpy Member Posts: 17 Listener
    Welcome to the community @UncoupledSpy! I'm sorry it's causing you to feel nervous. 

    Please do let us know how it goes and wishing you all the best!
    I will keep you inform and @poppy123456 as well how the tribunal goes :)
  • Richard66
    Richard66 Member Posts: 1 Listener
    i have just received my uc appeal date some 93 weeks wait is this a record lol?  during this wait I've been reassessed and awarded lcwra I'm hoping my appeal awards the same
  • poppy123456
    poppy123456 Member Posts: 31,369 Disability Gamechanger
    @poppy123456 I will be going back to rehab again because of my mental health. Am technically homeless because I pay rent to my uncle and he has given me a time period as to leave his house. I get PIP and 117 aftercare payment. I still don't understand if I win the tribunal will I get backdated or not? As for claim for housing benefit my social worker is helping me get on Manchester move and my uncle will kick me out soon anyways :(

    Usually UC can only be backdated for 1 month under extreme circumstances. I have no idea if yours will be backdated i'm afraid because you're not going to Tribunal for the limited capability for work, your Tribunal is regarding the HRT which is completely different.
  • poppy123456
    poppy123456 Member Posts: 31,369 Disability Gamechanger
    Richard66 said:
    i have just received my uc appeal date some 93 weeks wait is this a record lol?  during this wait I've been reassessed and awarded lcwra I'm hoping my appeal awards the same

    Hi and welcome,

    That's a very long wait. The Tribunal hearing will be for the previous decision on your work capability assessment and not for your current award of LCWRA. They will also only take into consideration what your condition was like at the time the original decision on that claim was made. Any worsening of condition since that date will not be considered.

    Good luck with the hearing.
  • UncoupledSpy
    UncoupledSpy Member Posts: 17 Listener
    @poppy123456 Thank you for the info. I will let you know if I win or not. :)
  • Adrian_Scope
    Adrian_Scope Posts: 8,578 Scope online community team
    Best of luck today @UncoupledSpy. Let us know how you get on.
    Community Manager
    Scope

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  • UncoupledSpy
    UncoupledSpy Member Posts: 17 Listener
    Hello everyone! Today I won my tribunal hearing. I have attained and retained worker status and was habitually resident in the United kingdom. I am entitled to universal credit and the matter is remitted to the secretary of state for a determination on my entitlement to universal credit. ?
  • UncoupledSpy
    UncoupledSpy Member Posts: 17 Listener
    Thank you very much to @poppy123456 for all his info, as well as everyone who was encouraging me. Thank you all! 
  • Adrian_Scope
    Adrian_Scope Posts: 8,578 Scope online community team
    Really pleased for you @UncoupledSpy
    Community Manager
    Scope

    Tell us how to make the community better for you. Complete our feedback form.
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,545 Disability Gamechanger
    Great news @UncoupledSpy! Really happy for you. :)
    Scope

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