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appeal for lcwra as placed in lcw group any advice...

chrisk34chrisk34 Member Posts: 22 Connected
edited June 2020 in Universal Credit
Hi all, 

i have recently been successful with my pip claim, but i had decided to appeal against the decision that placed me in the lcw group with universal credit rather then lcwra, i was previously on esa but due to my conditions i was unable to attend a wca in 2017 .. what then stopped my claim and i did not make a new claim until mid 2018 then  being placed on universal credit and back to the start of the process handing in sick notes from the drs. it wasn't until the end of 2019 i final had a wca, and now have some support in helping me with my claim, i was placed in lcw and believed i met the critera for lcwra and asked for a MR and as i expected nothing changed so had filed a appeal i have got my appeal bundle through.. its taken some time due to the pandemic. my mental health has been deteriorating more so since this whole ordeal as if it wasnt bad enough already, what should i expect from a appeal and what is the success rate for appealing universal credit decisions for lcw to lcwra.. is there any do or donts advice etc in regards to the appeal ? thanks in advance 
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Replies

  • Lou67Lou67 Member Posts: 868 Pioneering
    Hi @chrisk34 Great news on your pip award, I’m sorry I don’t know anything about UC but just wanted to wish you luck with it.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    edited June 2020
    Hello @chrisk34. Have you read through the LCWRA descriptors and which one(s) you think you meet the criteria for? 

    You need to explain how or why you feel you meet the descriptors. Over 75% of decisions are overturned at tribunal. Just answer the questions honestly and openly. Take your time and answer fully, not just with yes or no. 

    Remember it's about how your condition was at the time of assessment, so the deterioration since is unfortunately irrelevant to the tribunal. 

    Do you have a date for the tribunal yet? 
    Senior Community Partner
    Scope

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  • janer1967janer1967 Member Posts: 9,332 Disability Gamechanger
    Hi @chrisk34 Welcome to the community, I went through appeal 2 years ago and was successful going from being found fit for work to being awarded LCWRA.

    Have a good look through your bundle and highlight areas from the DWP response that you disagree with and reasons why giving examples of what happened when you try to do this task. Be prepared in what points you want to get across as to why you think you fit the criteria for LCWRA.

    They will ask if there is anything you want to add at the end and for this I had prepared a statement, I stated that I must have a limited capability for work as I couldn't go and get a job like the other people in the courtroom could so by definition I had a limited capability. I was housebound and couldn't get out of the house without being carried but still expected to go to work. I also expressed that the criteria of the assessment needed review as there is no criteria of actually being able to get out of the house ?

    This may not have given me any leeway but hopefully highlighted how some people do not fit into their rigid criteria set out in the assessment butr are still unable to go to work

    Anyway good luck anything else please ask 
  • chrisk34chrisk34 Member Posts: 22 Connected
    Finally had my appeal yesterday it seemed to go well and was all done and dusted within 20 minutes hearing via phone and they was concentrating on me qualifying for lcwra under schedule 9 just myself judge and dr and my representative during the hearing the judge being very nice and also the dr was fantastic too,there was no show from a dap representative so fingers crossed il have the answer if I’ve been placed in lcwra the next 10 days. Thanks for all advice 
  • janer1967janer1967 Member Posts: 9,332 Disability Gamechanger
    That's great fingers crossed for you that you get a good result 
  • Lou67Lou67 Member Posts: 868 Pioneering
    So glad it went well for you hopefully be a great outcome good luck 😊
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Really pleased the tribunal went well @chrisk34. Fingers crossed for the result!
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    Scope

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  • chrisk34chrisk34 Member Posts: 22 Connected
    @Adrian_Scope thank you the wait is daunting as you don’t know what to expect but was made much more comfortable by the appeal being done over the phone, and the judge and dr being very understanding when asking questions. They lead the way with explaining what they will look at for quailfiying under for lcwra and said schedule 9 is what we will look at applying to me fingers crossed here also that the ending is as positive as the hearing seemed
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Fingers crossed @chrisk34! :)
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  • chrisk34chrisk34 Member Posts: 22 Connected
    just had my letter through from the tribunal and I won my appeal to be placed in lcwra it’s been a long process but I’m made up with the decision and thank you for all your support and help 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    That's great news @chrisk34! Must feel like a huge weight off of your shoulders.
    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
  • chrisk34chrisk34 Member Posts: 22 Connected
    @Adrian_Scope it really does, im just glad it’s all done and dusted. It’s well worth seeing these things through if you know you have been misplaced into the wrong support group. They make these things so long winded to get to the final conclusion 
  • janer1967janer1967 Member Posts: 9,332 Disability Gamechanger
    Great news thanks for sharing 
  • chiariedschiarieds Community Co-Production Group Posts: 8,100 Disability Gamechanger
    Congratulations @chrisk34 - great to hear your tribunal was successful. :)
  • chrisk34chrisk34 Member Posts: 22 Connected
    hi i was wondering if anyone knows the answer to this my claim started in may 2018 and i had been handing in fit notes all that time. in 2020 my partner joined my universal credit claim.  i won my tribunal for lcwra but it appears they have only backedated me from when my partner joined my claim? even though i started my claim in may 2018  im i owed from may 2018 minus the 3 month assessment period ?
  • janer1967janer1967 Member Posts: 9,332 Disability Gamechanger
    Hi again I would have thought you should be entitled from when you priduced your first sick note apart from the 3 assessment periods waiting time.

    It may be confusing DWP as they may have looked at your claim being a new one when you changed,

    I would advise you contact them and discuss when I won my LCWRA tribunal they calculated my back pay incorrect so it is always worth trying to calculate an estimate on what you are expecting
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Hi @chrisk34. Assuming there have been no gaps in fit notes, it should be backdated to 3 full assessment periods after your first one. It doesn't automatically prompt them to look at old claims and the backdating for this would be calculated separately. 

    Definitely get in touch with them as @janer1967 suggests and ask for them to look at your old claim.. 
    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
  • chrisk34chrisk34 Member Posts: 22 Connected
    @Adrian_Scope claim started 1st of may 2018 handed in a sick note backdated to the 1st of may handed in sicknotes until I no longer needed to them my partner moved in and added her to my claim but during this transition I was awaiting the tribunal to be placed in lcwra , I guess it only shows up till my partner moving on to the claim on the journal Apart from the original commitments dated may 2018 I’m sure they will sort it I’ve left a note on my journal 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I've heard of issues with this a few times from other members here. Your partner being added to your claim is definitely the issue. I'm not sure what you can do other than either put a note on your journal or ring and speak to your case manager. Hopefully you'll get it sorted soon.
    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.
  • chrisk34chrisk34 Member Posts: 22 Connected
    @poppy123456 I guess once my partner was added to the claim it would look like a new claim as all the payments previously had been removed from the list. Only at the bottom of my journal does it show the date may 2018 but the tribunal letter states claim starting may 2018 so they can clearly see when the claim started and backdated to the proper date fingers crossed they don’t try to give me the run around as it’s been a long process as it is already 😩
  • Lou67Lou67 Member Posts: 868 Pioneering
    Oh fingers crossed that it’ll get sorted out fast for you, last thing you need after a long appeal, take care.
  • chrisk34chrisk34 Member Posts: 22 Connected
    @Lou67 thank you I’m sure they will see I left a note on my journal just saying the claim started may 2018 and it stated that in the tribunal notes so they shouldn’t be able to fob me off 
  • Lou67Lou67 Member Posts: 868 Pioneering
    Oh definitely not, let us all know how you get on, take care Chris.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    chrisk34 said:
    @poppy123456 I guess once my partner was added to the claim it would look like a new claim as all the payments previously had been removed from the list.
    Yes, that's exactly what the problem is.
    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.
  • chrisk34chrisk34 Member Posts: 22 Connected
    @Adrian_Scope hi ade is that correct then where by if i started my claim in may 2018 and handed fit notes in from the start without a gap in them and then my partner joined my claim in february 2020 they should backdate from whatever it is after 3 clear assessment periods starting from may 2018 rather then when my partner joined my claim, ive not heard nothing back from leaving a message on my journal as yet . and really don't want to be getting messed around 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes it's paid from the 4th full assessment period providing there's been no gaps with sending in the fit notes. See link and scroll down to waiting period. https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment

    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.
  • chrisk34chrisk34 Member Posts: 22 Connected
    @poppy123456 I was left a message on my journal and they said something like I was assessed as lcw for my single claim and for the joint claim I got the entitlement of lcwra so i explained, the situation where I didn’t get a assessment until maybe November 2019 and then the decision of lcw in in December then my partner joined my claim and then I started the appeal process. Its clearly written in the tribunal papers the claim started in may 2018 I don’t see what is so difficult lol they have me worried as it’s over 5k they still owe me 😩
  • chrisk34chrisk34 Member Posts: 22 Connected
    After abit of back and forth I’ve got it sorted finally they are making the payment tomorrow was abit of a headache trying to explain what had happened but it’s all good now can stop stressing out finally 
  • Lou67Lou67 Member Posts: 868 Pioneering
    Aww great news 🙌 really happy for you now you can relax a bit, enjoy your night stress free Chris 😊
  • chrisk34chrisk34 Member Posts: 22 Connected
    What a nightmare the entry in my journal from yesterday saying the underpayment would be made has been deleted from my journal thankfully I took a screenshot of it, I was due to get a call today before 6pm but after seeing the journal entry missing I called and as per usual getting mixed messages, been told names of two different people who are meant to be my work coach who are meant to be contacting me and no one has and not only that last entry by someone I spoke to has now said someone will be in touch by 6pm tomorrow latest, how can they delete a journal entry seems so dodgy no back payment received in bank as of yet and no reply in the journal from my last note left 🤨
  • Lou67Lou67 Member Posts: 868 Pioneering
    Awww Chris that is awful some carry on off these  people it’s disgusting, I really hope it gets sorted soon I feel so bad for you, life can be stressful enough without all this **** ☹️
  • chrisk34chrisk34 Member Posts: 22 Connected
    @Lou67 hopefully tomorrow they will sort it out and get someone who knows what they are doing to sort it out, I cannot believe the amount of messing about they cause. For something that is pretty simple and straight forward to sort out, they shouldn’t be allowed to do this to people 😩
  • Lou67Lou67 Member Posts: 868 Pioneering
    Oh definitely not, it’s a disgrace but they keep getting away with it, fingers crossed for you it’s sorted tomorrow let’s no how it goes take care pal .
  • chrisk34chrisk34 Member Posts: 22 Connected
    what a carry on im having. received journal note this morning saying the journal entry was deleted by accident and then a call this morning, so i finally got to speak to my work coach who was not really helpful but trying to act lie she was doing me a favour i explained everything in detail. she has some how worked out that the backdated payment should only cover from 01/02/19 to 01/12/19 even though i had been handing in fit notes since may 18 she said that is as far back as im allowed to go if you are not happy you need to write to your MP apparently my fit note from may 18 don't count for some unknown reason so i'm about 6/7 payments from being made whole at present. i dont get why they made everything such a headache :( my assessment period started may 1st 2018 first fit note covered from may 1st 2018 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm sorry you're having such an ordeal. This is obviously incorrect and they do owe you the backdated money for the time you stated.

    I would contact your local MP https://www.parliament.uk/get-involved/contact-an-mp-or-lord/contact-your-mp/ You can also request the MR for the decision not to backdated your money for the full amount of time.

    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.
  • Lou67Lou67 Member Posts: 868 Pioneering
    So sorry to hear this Chris it’s unbelievable what theyr doing with you, I really hope you get it sorted.
  • chrisk34chrisk34 Member Posts: 22 Connected
    @poppy123456 I’ve just contacted CAB to get some help with it as I don’t wanna make my self stressed and unwell with it all the way I was spoken to on the phone was really patronising and like they was doing me a favour by even giving me what they have so far and to be told if I’m not happy then contact my MP that’s just unbelievable.. I hate the way people like this use to the phone to speak to you like 💩 like there isn’t any trace of there bad intentions 
  • chrisk34chrisk34 Member Posts: 22 Connected
    honestly thank you all for the advice and support it’s been amazing, it’s kept me informed of what is what really appreciated 😊 I’m sure it will get sorted some how I always end up with the most problematic situations so it isn’t new to me 😂 i just don’t like people taking advantage of The vulnerable and seeing it first hand has made me look at how the dwp deal with things differently. Hopefully all this will educate me so in the future I can help someone else if they have a similar situation. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm glad you're getting some help. It has been know for DWP not to backdated the money owed if you go from a single claim to a couple claim in the middle of waiting for a WCA.
    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.
  • chrisk34chrisk34 Member Posts: 22 Connected
    @poppy thankfully I had my WCA before adding my partner onto my claim, and then started the appeal process. Otherwise it would of restarted the whole assessment period again from what I can see. Thanks for all your advice @poppy123456
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Hi @chrisk34. Sorry I haven't responded until now, I've been on annual leave.
    I've read through your posts and can only express my frustration at the rollercoaster you've been on - them saying they'll pay it and then not and deleting messages and offering you a smaller backdate! I can only imagine how stressed you must be with it all.
    I'm glad Poppy and Lou have been able to support you. Please keep us all updated and let us know the outcome. 
    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
  • chrisk34chrisk34 Member Posts: 22 Connected
    Hi all finally sorted out the remainder of the underpayment they really did try and mess me about so much for it and paid all the under payment in portions rather then a lump sum but I  got it all now, I now have the task of waiting for the appeal for my pip claim as I was 2 points away from scoring enhanced rate in mobility So fingers crossed that will be sorted before to long.. thank you all for your support and caring messages I really do appreciate them. Just one last hurdle to go and I can hopefully feel less stressed and start trying to feel a little better 
  • janer1967janer1967 Member Posts: 9,332 Disability Gamechanger
    Great news thanks for updating us
  • chiariedschiarieds Community Co-Production Group Posts: 8,100 Disability Gamechanger
    Hi @chrisk34 - Pleased you got there in the end! Now everything crossed for your PIP claim. I hope you can relax a bit in the meanwhile. :)
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