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Tribunal court allowed my appeal and gave me LCW status. Is it possible to get this changed to LCWRA

BossMaWireBossMaWire Member Posts: 2 Listener
Hello,

Fifteen months after having my initial health assessment, I successfully appealed the DWP decision, and was awarded LCW. The judge in his Decision Notice said I was to be treated as having Limited Capability for Work. He further stated that "If found capable of work this would result in a substantial risk to his physical health". He also recommended that the DWP does not reassess me for another 24 months. He told me that this was the maximum period he was allowed to give me. 

I am nearly 64 years of age, and as my condition is degenerative, and with regard to the substantial risk to my health mentioned above, I am not going to be able to work again. As there seems little point in having to prepare for work when I'm not ever going to be able to work, I feel that I should be put into the LCWRA group. DWP has said that I need to appeal the Tribunal Court decision. Would this be the case?

Paragraph 4 of schedule 9 to the Universal Credit Regulations 2013 provides that a claimant is to be treated as having limited capability for work-related activity if - "The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity".

These seem to be the exact words that the judge used in his Decision Notice. If this is the law, shouldn't DWP just be obliged to change me over to LWCRA? 

Thank you for any help or understanding you might be able to give me.

Replies

  • janer1967janer1967 Community champion Posts: 7,462 Disability Gamechanger
    Hi and welcome 

    The DWP cant change the tribunal decision as the tribunal has over ridden the decision of DWP 

    By going to tribunal the decision is taken out of the hands of DWP 

    They can only change it if they reassess also remember the judge recommending review after 2 years I'd that a recommendation they can reassess anytime after 3 months not saying they will 

    As for appealing the tribunal that is your decision bit I would seek legal advice before doing so either from CAB or welfare rights 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    You can only appeal a Tribunal decision if there's an error in law. To find this error you must first request the statement of reasons and record of proceedings from HMCTS and you can do this by emailing them. Once you receive these you need to find someone to have a look to see if they can find the error in law, if that's not found you can't appeal the decision.

    DWP can't change a decision that's been made by a Tribunal.
    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.
  • BossMaWireBossMaWire Member Posts: 2 Listener
    Thank you both for your helpful information. Is it a straight forward request asking for the statement of reasons and record of proceedings from the HMCTS? I'm not going to be opening up a can of worms that I'm later going to regret? I don't want to get on the wrong side of them, or the DWP.

    Once again, thank you.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You just need to email them and request them both. There's no timescales how long it will take for the Judge to send them because they have to be written first and this can take quite a while because they will be done when the Judge has time to do them.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You should also be aware that it's not about a diagnosis, it's how those conditions affect you.
    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.
  • woodbinewoodbine Member Posts: 3,008 Disability Gamechanger
    I would also assume that at the age of 64 there will be very little pressure on you to find work especially as jobs are few and far between, at almost 64 you are only just a little more than state retirement age and your pension.
    my advice is given freely and is correct to the best of my knowledge.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    When you have LCW you're definitely not expected to look for work. They acknowledge you have a limited capability for work, you maybe expected to attend appointments at your local job centre (in normal times) or at least telephone appointments with your work coach. You just don't receive the extra money if your claim started after April 2017.
    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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