Universal credit decision. How do I appeal, and how do I get a copy of my assessment?

LeicesterLad

Hi guys hope you are all well! I have just received my wca decision..! Despite my doctor mental health nurse and therapist all saying I should be in the lcwra I have been placed in the lcw group.. Typical lol.. How do I appeal and how I get a copy of my assessment? If anybody could advise I would really appreciate it! 

LeicesterLad

Also how do I request a copy of my assessment? Thanks again 

Alex_Alumni

Good morning @LeicesterLad I'm sorry to hear the decision wasn't the one you were hoping for, that's frustrating news.

I found the following information from the Turn2Us website:

After a WCA decision has been made the decision maker’s decision letter should contain a summary of the healthcare professional's report and a summary of the points you scored.

If you disagree with the decision, you can request a reconsideration of the decision.

See:

• Challenging an Employment and Support Allowance decision  
• How do I challenge a Universal Credit decision?
  
  

I hope this is helpful for you, but if anything is still unclear then please let me know, and I'll do what I can to help.

LeicesterLad

Hi thanks Alex I really appreciate it 😊

Honestly I'm stunned at this decision.. Having gone over the descriptors i absolutely believe I satisfy atleast three of them and that's the view of my mental health nurse too! Should I ask for a copy of my assessment and the reasons why before I request a mandatory reconsideration? Thanks again! 

poppy123456

For LCWRA you only need to satisfy at least one of them to majority of the time. You can see them here.

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

For the WCA it's about the work you can do, not the work you can't go.

LeicesterLad

Thanks poppy yes seen them and went over them before! Should I request a copy of my assessment and reasons why before ask for  a mandotory reconsideration? Surely that would be the right thing to do? I want to see how I didn't qualify for some of the descriptors before I can explain why they are wrong and submit more evidence! Thank you 

poppy123456

The assessment report is not needed when requesting the MR. All it causes is a distraction to what you really should be concentrating on.

What you should do is state which descriptor you think applies and your reasons why. Include a couple of real world incidents of exactly what happened the last time you attempted that activity. Adding information such as where you were, what exactly happened, did anyone see it and what the consequences were.

LeicesterLad

Also what is the best way to go through the mandatory reconsideration? Phone? Message on journal? How do i initiate it? Thanks for the help guys 

poppy123456

You can either put the request onto your journal. Write a letter and send it to the address on the decision letter. Or use this form and send it to the address on the letter. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF

LeicesterLad

Which is the best way in your opinion? If I write a message on my journal do i ask for them to reconsider and then explain the reasons why I disagree? Sorry for all the questions and I really appreciate your help.. I'm so annoyed right now I don't want to rush into things.. I'm hoping another decision maker will see common sense before it escalates to a tribunal! Thanks again poppy 

poppy123456

I think either way is ok. The most likely outcome is for the decision to remain the same. Though we have had some members who've had the decision changed at this stage.

LeicesterLad

Okay poppy thank you for your help hopefully I'm one of those people! I'll keep the forum posted Have a lovely day 

LeicesterLad

Hi sorry again but I have another question will my journal message asking for a reconsideration and my reasons why be acknowledged? and who will be repsonsible for making sure it is seen by the right people? My work coach? I don't trust the journal sometimes I'm sure I'm not the only one who has experienced the feeling of being ignored on there! Thanks again! 

poppy123456

Your work coach will see it. Then a different decision maker will look at your claim again and make another decision.

LeicesterLad

Okay thanks for your help poppy

lb35

I done my Mr through my journal and ended ul going right to tribunal when I recieved my tribunal notes through everything I wrote on my journal about the reconsideration had been wrote down 

LeicesterLad

poppy123456 said:

The assessment report is not needed when requesting the MR. All it causes is a distraction to what you really should be concentrating on.

What you should do is state which descriptor you think applies and your reasons why. Include a couple of real world incidents of exactly what happened the last time you attempted that activity. Adding information such as where you were, what exactly happened, did anyone see it and what the consequences were.

Took your advice and submitted my request with extra evidence this morning.. Hoping common sense prevails although I'm fully prepared for this to go to a tribunal! Im just not prepared for the extra waiting 😒