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Hi, my name is neilbacon! Can anyone drop me some advice on UC tribunal?
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neilbacon
Community member Posts: 12 Listener
hiya folks and thanks for the welcome..im having a right battle with uc . ive been registered disabled since 2008 following an accident .. well to cut along story short my conditions have worsened since this date. my mobility isnt great i cant stand or sit for any period of time because of discomfort. and since having covid back in 2020 Ive since been diagnosed with a lung condition that leaves me short of breath all the time i also suffer from depression and anxiety i had an online medical back in 2020 with uc who seem to find me fit for work i appealed this with a mandatory reconsideration which i lost .so now im taking it to a tribunal can anyone drop me some advice please because it seems im fighting a loosing battle and its affecting my mental health massively
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Did you know about the descriptors UC use to see if you're eligible for LCW or LCWRA? It doesn't matter how disabled a person is if their restrictions don't meet these. They are useful to know so you know what you're arguing for if you get what I'm saying?? How long ago did you submit your appeal for tribunal?
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hello thanks for the replymy appeal was submitted a while ago now Ive got the Mental Health Welfare Rights Officer on my case but you know what after doing some reading this morning im loosing the will to fight it anymore as its all having a massive affect on my mental health.i did an over the telephone consult with someone over 12 months ago now who said im fit for work..when my own GP clearly states im not.and has actually put this in a letter to Uc .in my reports they say i dont have enough points to clam whatever it is
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Your welfare rights person will really help and should be a huge help as they probably know things like substantial risk and stuff and where you should have been awarded.
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after reading about the descriptors(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
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(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.this applies to mebut it seems unless im ready to die i don't qualify which is totally wrong
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neilbacon said:after reading about the descriptors(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.this applies to mebut it seems unless im ready to die i don't qualify which is totally wrong
That's not correct. Lots of people are found to have LCWRA who are clearly not about to die. Myself include, my daughter also and my friends daughter. We are all very much alive and kicking.Do be aware that the mobilising descriptor also takes into consideration your ability to use a manual wheelchair so it's not just about your ability to walk.I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help. -
Hi Neil,
The being able to stand or sit at a job station for no more than 30 minutes,Activity 2,section B,sounds like that would apply to you,as it does to me,that is 9 points,only 6 more are required with that alone,Activity 1,the mobility,even if you scored the minimum 6 points,that would be 15..Having your GP confirm this is required,I have letters running concurrently that have been consistent.As regards the use of a Wheelchair,I had an Occupational therapist report stating,due to arthritis in my back,and hands,I would need a electric mobility scooter,this was ignored in the assessment,which begs the question,how much do they really read of the evidence you provided?.Get the evidence in writing from your GP,if you haven't had one,get an Occupational therapist to visit at home and form a report if not already done.On depression,I submitted a report from a Mental Health worker to the tribunal,this was also ignored,I would suggest your sleep is pretty fragmented,mu sleep report which showed severely fragmented sleep also ignored.
They were not ignored by the tribunal.
I think they are going to force the large % of people to go through the MR then the tribunal regardless,in the hope it that people don't have either the strength to go through with it,or are being deceitful.
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Please excuse my ignorance my wording was wrong. I just feel I'm going round in circles and it's making my depression worse.. when I originally had my telephone acessment I wasn't in the correct frame of mind and I felt I was being led by the questions .the lady on the other end of the phone was very clever in the way she was asking questions .
Anyway this seemed to go against me in the decision making so I requested a face to face appointment of which was never offered so I could get my point across anyway I appealed against the decision via a mandatory reconsideration and ironically I lost this one. So by this time I was suffering really bad with my depression and contacted healthy minds who were great and I was contacted by there mental health rights advisor who told me not to give up and we decided to take my case to a tribunal and have a face to face .but I'm bricking it and it's stressing me out and I not dealing with things very well again .infact only 10 mons ago I've had a telephone call from my gp's in-house mental health team to have a talk to them because I'm not coping at all . -
TerryG said:Hi Neil,
The being able to stand or sit at a job station for no more than 30 minutes,Activity 2,section B,sounds like that would apply to you,as it does to me,that is 9 points,only 6 more are required with that alone,Activity 1,the mobility,even if you scored the minimum 6 points,that would be 15..
For LCWRA this is not correct. It's not about scoring points, it's about satisfying at least one of the LCWRA descriptors. Point scoring is related to LCW only.
I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help. -
If you are getting help and support by a welfare rights officer then they should know everything there is about your case so any questions should be directed to them.Do be aware that any worsening of condition since the assessment took place will not be taken into consideration.I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help.
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Tha k you poppy.
This is why I appealed against the decision this is why its now going to tribunal -
neilbacon said:This is why I appealed against the decision this is why its now going to tribunalInformation I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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Because since my initial assessment my conditions have got worse and I'm getting the impression non of the evidence I out forward was taken into account .so on the advice of my gp I'm taking my case to tribunal so all the evidence can be put forward
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neilbacon said:Because since my initial assessment my conditions have got worse
If you have had a deterioration in health that would be a change of circumstance which should be reported and would trigger a new assessment.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
Thank you for your comment I've got a meeting face to face with my representative on the 15th July about this tribunal. He should know shouldn't he what the next move should be because the last thing I want to do is to keep working myself into a state to find out that I'm going to loose this appeal because they won't take into consideration my health issues as they are now
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You have what so many people don't... a representative. They should know that a worsening of condition is never taken into consideration.
I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help. -
poppy123456 said:You have what so many people don't... a representative. They should know that a worsening of condition is never taken into consideration.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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calcotti said:poppy123456 said:You have what so many people don't... a representative. They should know that a worsening of condition is never taken into consideration.
Indeed, i didn't suggest otherwise.
I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help. -
poppy123456 said:calcotti said:poppy123456 said:You have what so many people don't... a representative. They should know that a worsening of condition is never taken into consideration.
OP should be placing faith in the representative rather than asking questions on the forum.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
My fault Calcotti for reading it the wrong way, apologies.Agree with your second paragraph!I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help.
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poppy123456 said:My fault Calcotti for reading it the wrong way, apologies.Agree with your second paragraph!Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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