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Tribunal appeal allowed - Complete timeline of LCWRA claim

rednaxrednax Member Posts: 25 Connected
edited November 2020 in Universal Credit
Hi folks, 

Just wanted to update that Friday I received written notice of the telephone tribunal (which took place last week without me after calling more than an hour later than agreed) has decided that the appeal is allowed, and that I should be in LCWRA, not the LCW the DWP had placed me in.. 

Just wanted to thank everyone here for support throughout, it's not been easy but I hope it provides peace of mind to others. I am now about to do the same with PIP after still getting zero points in every descriptor after mandatory reconsideration. 

A timeline that might help others work out potential durations for their own claim from start to finish:

First signed off work indefinitely 2nd September 2019 by my doctor, first fitnote requested. 

First fit note from my Doc forwarded and received by the DWP around the 5th October 2019, (and subsequently went on to hand in three more 3 month fit notes throughout the claim). 

Heath assessment booked in for the first week of January 2020, but had to be rearranged due to health issues. 

Health assessment 2nd attempt booked in for around 3 weeks later, I don't recall the specific date, some point in February 2020

Decision received in late March 2020 as LCW.

Mandatory reconsideration requested within a week of the above, with which I supplied around 8 A4 pages including a one month long health diary detailing both good and bad days, highlighting the variability and sudden onset of symptoms, and highlighting a number of factually incorrect statements within the DWP's decision, including a number of contradictions to what had been discussed both in writing and at the heath assessment (a couple of which were outright falsehoods) in a calm and measured way ensuring that I answered each of the decision maker's bullet points.

Mandatory reconsideration received in April 2020, still LCW, and still several incorrect statements made by the DWP, appeal immediately requested.

Between April 2020 and September 2020 I submitted further evidence across 8 A4 pages for the Tribunal in an attempt to compress everything down into a more manageable read with all pertinent information, stripping out anything that was irrelevant. I referenced virtually everything in the mandatory reconsideration notice that I either disagreed with, or in most cases was just outright wrong and incorrect information in conflict with what I had already supplied to the DWP numerous times. When the DWP information packet was received by myself I went through with a yellow highlighter for everything I disagreed with, and then wrote how and why I disagree with them in my evidence, a lot of which was highly contradictory on the DWP's side. For example they would make a statement in one section that I had not reported XYZ condition at any time and so it should not be taken into account, but then on the next page they would be making direct references to condition XYZ from my original claim form and health assessment. I also included a couple of brief print outs of my conditions from 3rd party sources as a brief overview for anyone in the tribunal who may not be medically trained. 

September 2020 received written notice of telephone Tribunal hearing to take place in mid October 2020.

October 13th 2020 AM, telephone tribunal missed the time slot by over an hour late (only known to me as I had missed calls after I had sat waiting for an hour with my docs and info in front of me), causing me to miss the tribunal which went ahead without me. 

October 17th received written confirmation from HM Courts that the first tier tribunal found that the DWP/Sectary of State's original decision back in March 2020 is to be set aside, and the appeal is allowed, stating that I have a "significantly limited capability for work" and that the appeal was allowed under paragraph 4 of schedule 9 (which I had stated and argued for in my written evidence to the Tribunal appeal), having detailed why I believe that is the case, and showing examples of the risk factors and two specific and damaging examples of what the requirements for LCW had done to my health and stability through the course of the claim process, as well as detailing the same in previous attempts to work either full time or part time. 


Assuming the DWP don't appeal the Tribunal, I now await the DWP's side in processing LCWRA on my claim, backdating payments owed from around Feb 2020 onward amounting to several thousand pounds (the first 3 periods Oct 2019 - Jan 2020 being the unpaid waiting period), and to adjust my payments and LCWRA requirements going forward. I have read anywhere from days up to 2 months to backdate the payments to give the DWP the required time to appeal if they feel there has been an error in law, so assuming they don't I should be set in time for Christmas. 



So there we have it folks. 12 months and 2 weeks since supplying the job centre with the first fit note, and dozens of hours of due process and evidence-giving later, I'm in LCWRA where I should have been from the beginning.

I realise that not everyone has the same approach or ability to get their evidence down in writing as I did for the claim (similar to how I've laid out this post timeline), but it is worth taking your time, leave a few days between writing your evidence and actually sending it to give you time to go back and make any additions or changes, researching what descriptors and mandatory reconsideration bullet points to cover, and most of all to get support and assistance from this community, family and friends to help you cover everything. I basically went into the whole process from the beginning believing a Tribunal would be inevitable, and that everything that happens between the start of my claim and the Tribunal was going to be jumping through hoops as it's abundantly clear from virtually every report, news coverage and personal accounts given by others that the DWP is inherently and institutionally discriminatory toward those with disabilities, and will do everything they can to avoid supporting us from the outset. 



I am now in the process of doing the same for PIP, having been given zero points on any descriptor in both their decision and mandatory reconsideration of the claim, which I began back in January 2020. If it is anything like Universal Credit above, I'm likely going to be still dealing with the PIP claim well into the middle of next year. Fortunately as I have saved all of my evidence for LCWRA I already have a lot of typed documents and letters I can include without starting again from scratch, just restructuring it and adding/removing relevant parts of the PIP descriptors. The fact that the Tribunal has awarded LCWRA, while PIP hasn't awarded a single point says everything you need to know about the DWP. Just hang on in there, know it's probably going to be a long process to get to the impartial Tribunal, and make sure you drop by here regularly for support and help from others including the brilliant and tireless Poppy!

Any questions please let me know and I'll do my best to answer them.

Stay safe  x
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Replies

  • rednaxrednax Member Posts: 25 Connected
    edited October 2020
    I do have one question re the waiting period if anyone could clarify for me, I would be very grateful. 

    My assessment period is the 10th-9th of each month. I first reported health problems on the 2nd September in my existing UC claim, and the first fit note dated from the 2nd September was received by the DWP and confirmed in the journal on the 7th October. 

    So I am trying to figure out of the 3 month waiting means payment backdated from the 10th January, or 10th February, as I'm reading conflicting info online that the period begins either when the condition is reported to the DWP, or when the first fit note is received by the DWP, plus the usual payments being in monthly arrears. 

    I think it means Jan 10th onwards (3 months from 7th Oct = 7th Jan, and so inside the assessment period of 10th Dec -  9th Jan), but could possibly be the 10th Feb onwards?

    Any help in figuring this out would be greatly appreciated!  Thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Thanks great news! Thanks for coming back and letting us know.

    Your waiting period is 3 full assessment periods and is as follows...
    10th August - 9th September... doesn't count.
    10th September - 9th October ..1 month
    10 October - 9th November 2 months
    10th November - 9th December 3 months..
    10th December - 9th January.... LCWRA element paid from here...

    It can take between 2-8 weeks sometimes longer to receive backdated money and for an award to be put into payment. You will need to continue to send the fit notes until you receive the letter on your journal.

    Hope this helps.
    Community champion and 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.
  • rednaxrednax Member Posts: 25 Connected
    Hi,

    Thanks great news! Thanks for coming back and letting us know.

    Your waiting period is 3 full assessment periods and is as follows...
    10th August - 9th September... doesn't count.
    10th September - 9th October ..1 month
    10 October - 9th November 2 months
    10th November - 9th December 3 months..
    10th December - 9th January.... LCWRA element paid from here...

    It can take between 2-8 weeks sometimes longer to receive backdated money and for an award to be put into payment. You will need to continue to send the fit notes until you receive the letter on your journal.

    Hope this helps.
    That's great Poppy, thank you for clarifying! 
    I can now get on with providing info for the PIP appeal lodged, so I will keep everyone updated on that as well. 

    Many thanks again!
  • Cher_ScopeCher_Scope Community Team Posts: 2,795 Disability Gamechanger
    @rednax Thank you for leaving us such a detailed timeline.  No doubt this will help other community members in the future.  

    Also, good luck with your PIP appeal  :) Please let us know how you get on!
    Online Community Co-ordinator

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  • rednaxrednax Member Posts: 25 Connected
    @rednax Thank you for leaving us such a detailed timeline.  No doubt this will help other community members in the future.  

    Also, good luck with your PIP appeal  :) Please let us know how you get on!
    No problem, thank you for your support throughout :)
  • rednaxrednax Member Posts: 25 Connected
    Just wanted to add to this that having heard nothing for the last 2-3 weeks or so I checked in my journal and my monthly payment has gone up in line with LCWRA, so I contacted DWP to enquire about the back payment which was dealt with there and then, and the amount should be in my bank account within 48 hours.

    So it's probably good to chase up the DWP if you win at tribunal as soon as you see the next payment going up in the online journal, as I don't know how much longer I would have been waiting had I not contacted them today.
  • janer1967janer1967 Community champion Posts: 7,463 Disability Gamechanger
    @rednax I did the same when I won at tribunal though I did wait for 6 weeks after the tribunal but mine was also paid that day.

    Great news for you and good luck with the PIP
  • rednaxrednax Member Posts: 25 Connected
    janer1967 said:
    @rednax I did the same when I won at tribunal though I did wait for 6 weeks after the tribunal but mine was also paid that day.

    Great news for you and good luck with the PIP
    Thank you!
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Thanks for the updated, glad it's finally been sorted. Good luck with the PIP also :)
    Community champion and 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.
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