Applying For LCRWA a second time?

hughiemachrins
hughiemachrins Community member Posts: 75 Contributor
in Universal Credit (UC)
I have received the DWP response to my appeal for LCRWA and it is obvious I will lose the appeal. They have based it on the form I filled in in December last year and my condition has worsened considerably since then. If I withdraw the appeal, is there any way I can start a new claim based on my current condition?

Comments

  • calcotti
    calcotti Community member Posts: 10,005 Championing
    You cannot conclude that you will lose an appeal based on what DWP have said. The role of the tribunal is to review all of the evidence and make a decision in place of DWP.

    You can report a change in your health condition through your UC journal. However if you initiate a new WCA this means that if the tribunal finds in your favour the tribunal decision will only be effective up the date you report the change.
  • janer1967
    janer1967 Community member Posts: 21,922 Championing
    Don't give up the dwp response will always sound as if the decision is right or if not what would the point be of them letting it go to tribunal 

    However the tribunal will only take into account your condition at the time of the assessment as that is what you are appealing about 

    Your worsening won't be counted 

    But as explained above about a change in circumstances I would wait till tribunal is done then decide 
  • lainyloo
    lainyloo Community member Posts: 3 Listener
    Hi I had my first telephone interview last October the result was inconclusive and they said they would inform me when I could go and have a face to face interview I sent in more information as my condition has got worse and they’ve carried out a 2nd telephone interview with me today will they backdate my claim if they now accept that I am incapable of work 
  • hughiemachrins
    hughiemachrins Community member Posts: 75 Contributor
    I think I will withdraw the appeal. There is no point wasting everyone's time. At the time I filled in the form (Dec 2020) I could walk 100m. Today I can barely take a step without pain. If it is based on that form and my assessment call in March, I have no chance. The DWP say I should be actively looking for work. I went through the 76 jobs on the local site tonight and I can't do any of them. Things have deteriorated greatly over the last few months and I am at the end of my tether with it all. 

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