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Advice on awaiting appeal and opening new WCA

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brandon1999
brandon1999 Community member Posts: 23 Listener
Hi,
I initially sent fit notes to my GP about my back pain for why I couldn't find work and they started a WCA on the form and in my video assessment I mentioned my mental health issues that also prevent me from looking for work. Fast forward I've been waiting around 5 months now to get a date for my tribunal hearing. My work coach has said they can start a new WCA about my mental health if I get a fit note as despite me mentioning my mental health issues on the form and assessment, I need to get a fit note. I was initially fine with this as they said it would mean for the time being I wouldn't need to look for work while I wait for my tribunal hearing. I was advised however that if my tribunal hearing accepted my appeal and it put me in the LCWRA group that the new WCA despite having the evidence of the appeal's decision could still just do the same thing and reject it and I'd be in the same position basically waiting for a hearing. 

On the phone today with someone from healthyminds they said that regardless of my appeal being accepted the DWP do re-assessments anyway so I would basically have to do a WCA again regardless but that they would use the appeal's decision as evidence. I was confused as I thought if you're placed in a LCWRA you don't have a reassessment especially if a tribunal hearing accepts your appeal and you get placed in a LCWRA group.

Because of this would it be best to just do a new WCA anyway and send in new fit notes or do I have some information on how the process works like if they do re-assessments or if UC will take the appeal's decision into account.

Thanks,

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,250 Disability Gamechanger
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    The majority of people have reassessments even when found to have LCWRA, there's no exception to this even if awarded by a Tribunal.
    If you reported a new or worsening health condition now then any new decision made on that new claim will overrule the Tribunal decision. Not only this you could still be waiting several months for a new WCA and in that time you could have had a decision for the Tribunal.
    If the new decision was anything other than LCWRA then the whole process starts over again.
    You have to be very careful when reporting changes when waiting for a Tribunal.
    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.
  • brandon1999
    brandon1999 Community member Posts: 23 Listener
    edited December 2022
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    Hi, thanks for the information
    The case I reported isn't new, but I never got a fit note for it, I did report it in my form for the assessment, however. healthyminds did mention that because it's my work coach who is saying to get a fit note that they are not who even make the decision to start the WCA so the people who make that decision may reject even starting a new WCA after my fit note as I've already mentioned in my last assessment that I suffer from those conditions.

    I'm mostly just anxious about even getting a fit note for my mental health. Again, this is stuff though I've not gotten a fit note before for, but I still mentioned my mental health issues in my UC50 form for WCA and my appeal is still about it. My condition hadn't gotten worse since. 

    My work coach is basically treating it as a new condition just because I didn't get a fit note for it. Despite mentioning it in my form and still ticking the relevant descriptors.
  • poppy123456
    poppy123456 Community member Posts: 57,250 Disability Gamechanger
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    Fit notes are not evidence that you have LCW and don't have to mention every condition you have. You mentioned it during your claim so that's all that matters. My advice remains the same and reporting a new health condition can only complicate things.
    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.
  • brandon1999
    brandon1999 Community member Posts: 23 Listener
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    I understand thanks, it wouldn't be a new condition regardless, but I was also told my work coach might just be confused since I still mentioned this on my form, but they are looking at the fit notes I sent in and not seeing the mental health issues I brought up.
  • durhamjaide2001
    durhamjaide2001 Community Co-Production Group, Scope Member Posts: 11,212 Disability Gamechanger
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    I'm sorry you are suffering from back pain 
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