Wca

solly1902
solly1902 Community Member Posts: 48 Contributor

​Hi everyone,

​I’m looking for some advice from people who have been through this. I recently received my WCA assessment report done over the phone, and I've been awarded 0 points, despite severe physical back and wrist issues.

​I have a very strong paper trail, but the assessor completely misrepresented my case:

​Objective Medical & Specialist Evidence: Submitted an NHS MRI report showing an L4/L5 broad-based disc bulge obliterating the left L5 lateral recess (causing severe sciatica), alongside a formal Consultant Neurosurgeon report confirming permanent spinal injury, explicitly stating I am limited in any employment requiring prolonged sitting, bending, standing in one position, or heavy lifting, and cannot reliably perform roles unless able to take frequent breaks to rest and move position.

​The Assessor’s Distortion (Walking): The assessor claimed I walk 200m to the local shop "without stopping to rest" based on a single date. However, on the exact afternoon of the assessment, I logged a detailed clarification in my online journal stating 200m was an isolated rare "good day," and my normal daily physical limit is 50 metres before severe pain forces me to stop. I messaged UC about this when the call ended because the assessor was adamant about me telling me about on a good day. I also have a audio recording because assessor told me her recording system is not working .

​Blatant Internal Contradictions: One part of the report notes a carer visiting 6 days a week who helps cook, clean, shop, and dress my lower body. Yet, the summary absurdly concludes I am fully "self-caring and independent".

​Work Factor: I work part-time driving a manual minibus 14 hours a week, which the assessor used as blanket proof of zero physical limitations, completely ignoring prescription medication side effects (drowsiness) and pain management.

​My questions for the forum:

​Given these explicit internal contradictions, my neurosurgeon's specific warnings, and my existing journal timestamp, how likely is an internal MR decision maker to overturn this, or should I prepare to go straight to Tribunal?

​Are there specific "Reliability" arguments I should use to dismantle the assessor's reliance on my driving job versus my expert medical evidence?

Is there anything else I should add to my MR submission to bulletproof my case for LCWRA (specifically targeting the 50-metre Mobilising descriptor)?

​Thanks in advance for any advice!

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Comments

  • Kimi87
    Kimi87 Community Member Posts: 9,156 Championing

    Some decisions are overturned at MR stage, but the success rate is low. This success rate goes up at Tribunal.

    If you cannot do an activity reliably, repeatedly, safely and in a timely manner for more than half the time, then you should be treated as unable to do the activity at all.

  • solly1902
    solly1902 Community Member Posts: 48 Contributor

    Thank you for the advice I have another question i dont know if its a fact or a myth. I work part time out of necessity not ability will that have my claim refused even if I go to tribunal?

  • Kimi87
    Kimi87 Community Member Posts: 9,156 Championing

    People do work and receive LCWRA it is possible 🙂

    Not necessarily, but I would recommend focusing in on that relevant descriptor to illustrate why you qualify for LCWRA, despite working.

    Definitely include all the errors and contradictions because that is evidence that the standard of the assessment was poor.

  • solly1902
    solly1902 Community Member Posts: 48 Contributor

    Okay ill will do because my uc85 report is sooo flawed and at a point she even got my pronouns wrong. I have put in a mr request but they havent got back to me for any further evidence or anything of the sort is that normal ive never done a mr before.

  • DadOfOne
    DadOfOne Community Member Posts: 2 Listener

    Hi solly1902, to answer your latest question first: yes, that is completely normal. With an MR, the decision maker does not usually contact you to ask for more evidence. They review what is already on file, mainly the UC85 report, your UC50, and whatever you included in your MR request. So rather than waiting to be asked, send them everything yourself.

    A few things that tend to strengthen a case like yours:

    1. Structure your MR as a point-by-point rebuttal. For each error in the UC85, note the page or section, quote what the assessor wrote, and set it against what the evidence actually shows. The contradiction you spotted (carer visiting 6 days a week to help with cooking, cleaning, shopping and dressing, versus the summary calling you fully "self-caring and independent") is very powerful. Quote both passages side by side so the decision maker cannot miss it.

    2. Send your journal entries as evidence. The clarification you logged on the afternoon of the assessment is timestamped proof that the 200m walk was an isolated good day. Screenshot or print those journal entries and attach them to your MR, pointing to the exact date and time.

    3. Build everything around the reliability test Kimi87 mentioned: safely, repeatedly, in a reasonable time, and on more than half the days. For the 50-metre mobilising descriptor, describe a normal day in plain terms: how far you actually manage, when the pain forces you to stop, how long you have to rest, and what a "good day" costs you afterwards. That directly answers the assessor's reliance on the single 200m walk.

    4. Address the driving head on. Working 14 hours a week does not disqualify you, and plenty of people receive LCWRA while working part time. Explain the difference between your minibus shifts (seated, with breaks you can control, done out of financial necessity) and sustained work: the drowsiness from your medication, the pain after shifts, and your neurosurgeon's warning about prolonged sitting. Coping with a short shift out of necessity is not the same as being able to work reliably day after day.

    5. Ask your neurosurgeon or GP for a short letter written in reliability language: not just the diagnosis, but a statement that you cannot mobilise 50 metres repeatedly and reliably, and cannot sustain the activity without significant pain and recovery time. One paragraph written that way can carry a lot of weight.

    6. Keep the tribunal clock in mind. MR decisions can take several weeks or even months, and most are not changed. You get one calendar month from the date of the MR decision notice to lodge an appeal, so note that date the moment the notice arrives and be ready to move quickly.

    As a parent of a little one myself, I know how much energy this process eats when you are already running on empty. You have already done the hard part by keeping a paper trail. Put it all in front of the decision maker in one organised submission and make them deal with it. Best of luck with the MR.

  • solly1902
    solly1902 Community Member Posts: 48 Contributor

    Thank you so much dadofone for the advice. I have asked for uc to send me a link so I can upload my evidence. Ill keep on writing messages on my journal hoping the decision make reads them. Yes it is hard ive got 3 kids and this process drains you alot

  • WhatThe
    WhatThe Community Member, Scope Member Posts: 6,436 Championing
    edited October 18

    The Decision Maker will not be reading your journal, no.

    Send your MR request and all your supporting evidence by post.