Hi, my name is hema56! How do I win the tribuneral to get the lcwra

hema56

Hi how do I win the tribuneral to get the lcwra

hema56

hema56 said:

Hi how do I win the tribuneral to get the lcwra

poppy123456

You need to take a look at the descriptors to see which, if any you think applies to you. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

You can also get some expert advice from an agency near you. This link will help you find what's local to you. See link and choose the topic "welfare benefits" https://advicelocal.uk/

Tori_Scope

Hi @hema56 Welcome to the community!

Just to let you know, I removed your duplicate posts, so that all of the information you receive can be in one place. 

Are you receiving any support to help you with your tribunal?

sxc_afro

hema56 said:

hema56 said:

Hi how do I win the tribuneral to get the lcwra

I would advise you make an appointment to see someone from citizen advice, they can help you fill out the right forms and can, depending on staff, have someone go to court with you to advocate for you.

Regarding "winning" there really isn't a strategy here, if you genuinely think you fit into the parameters to get that benefit, then all you need to do is provide as much information as you can into the form you send to court plus any documents that can back you up. Other than that, it's a case of waiting until you go to court and they make their decision.

You can find out what the criteria is to get lcwra and its pretty strict. Many make the mistake thinking that having a certain condition or disability will automatically sign them off but in reality it's based on the individual, not the disability or illness, and it's a matter of what CAN you do, not what you CANT. For example, some people might not be able to walk but they can use a computer, meaning they "could" do work related activities on a computer, yes it can be as strict as that. 

The worst outcome is you stay where you are, so really you're not losing anything by going to appeal, you know how you are throughout the day, if you are honest with yourself and you know you fit the criteria then go for it and I wish you the very best, even if you're not 100% sure, going to the appeal can put a line under it. 

Is your condition something that is going to improve in time? If so, appealing may be a bit more difficult because it takes so long to actually get there, you could already be back at work, so it's something else to consider before going ahead with it.

calcotti

sxc_afro said:?..,have someone go to court with you..

A tribunal is not a court. A tribunal is inquisitorial and not adversarial.

You are correct, as already advised in this thread, key thing is to understand the LCWRA descriptors and argue how the claimant meets one of them. They only need to satisfy one of the descriptors or be at risk if not found to have LCWRA.

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity?rCH=-2

https://wcainfo.net/issues/substantial-risk-lcwra#activities

The tribunal will be looking at how the claimant was at the time the DWP decision was made. Any changes in how their health affects the claimant since the DWP decision was made should not be taken into account by the tribunal.