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

chrisk34
chrisk34 Member Posts: 22 Connected
edited June 2020 in Universal Credit (UC)
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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Comments

  • Lou67
    Lou67 Member Posts: 996 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_Scope
    Adrian_Scope Posts: 8,596 Scope online 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? 
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  • janer1967
    janer1967 Member Posts: 15,956 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 
  • chrisk34
    chrisk34 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 
  • janer1967
    janer1967 Member Posts: 15,956 Disability Gamechanger
    That's great fingers crossed for you that you get a good result 
  • Lou67
    Lou67 Member Posts: 996 Pioneering
    So glad it went well for you hopefully be a great outcome good luck ?
  • Adrian_Scope
    Adrian_Scope Posts: 8,596 Scope online community team
    Really pleased the tribunal went well @chrisk34. Fingers crossed for the result!
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  • chrisk34
    chrisk34 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_Scope
    Chloe_Scope Scope Posts: 10,555 Disability Gamechanger
    Fingers crossed @chrisk34! :)
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  • chrisk34
    chrisk34 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_Scope
    Adrian_Scope Posts: 8,596 Scope online community team
    That's great news @chrisk34! Must feel like a huge weight off of your shoulders.
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  • chrisk34
    chrisk34 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 
  • janer1967
    janer1967 Member Posts: 15,956 Disability Gamechanger
    Great news thanks for sharing 
  • chiarieds
    chiarieds Member, Community Co-Production Group Posts: 12,469 Disability Gamechanger
    Congratulations @chrisk34 - great to hear your tribunal was successful. :)
  • chrisk34
    chrisk34 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 ?
  • janer1967
    janer1967 Member Posts: 15,956 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_Scope
    Adrian_Scope Posts: 8,596 Scope online 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.. 
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  • chrisk34
    chrisk34 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 
  • poppy123456
    poppy123456 Member Posts: 29,827 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.
  • chrisk34
    chrisk34 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 ?

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