Hi! I'm a newbie with a UC appeal question
nixyc13
Community member Posts: 8 Listener
Hope everyone's well!
I am on uc, and from 2018 to 2019 June i was awarded the work capability activity thingy after a Dwp health assessment. I had the second assessment July 2019 and was deemed fit to work which I disagreed with. I filed for the mandatory reconsideration which upheld the decision i was fit. So i did the appeal in September 2019. I have received a letter from the hm courts and tribunal service stating that the appeal is allowed. And they don't have to assess me for 24 months.
I'm a fairly bright person lol but the way they word letters is so confusing. Can anyone help? Does this means that they will put me back in the ' not fit for work'club? And i will receive the payment? I have phoned the tribunal service but after being on hold for 12 min i had to hang up as it costs!!
Any advice with be much appreciated
And yes I did post it in the introduction's i got the gist of it now lol
I am on uc, and from 2018 to 2019 June i was awarded the work capability activity thingy after a Dwp health assessment. I had the second assessment July 2019 and was deemed fit to work which I disagreed with. I filed for the mandatory reconsideration which upheld the decision i was fit. So i did the appeal in September 2019. I have received a letter from the hm courts and tribunal service stating that the appeal is allowed. And they don't have to assess me for 24 months.
I'm a fairly bright person lol but the way they word letters is so confusing. Can anyone help? Does this means that they will put me back in the ' not fit for work'club? And i will receive the payment? I have phoned the tribunal service but after being on hold for 12 min i had to hang up as it costs!!
Any advice with be much appreciated
And yes I did post it in the introduction's i got the gist of it now lol
Comments
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I am not sure about the 24mth thing. But I am still waiting my appeal hearing. I got the letter in July 2019 that the appeal was allowed but still no date for the hearing. Am not sure about payments as I wasnt receiving anything extra to begin with. But I was told by the jobcentre I still had to look for work until the decision is over turned.
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Hello @nixyc13. Have you been able to determine whether your appeal determined you have LCW or LCWRA? It should say either 'Limited Capability for Work" or "Limited Capability for Work and Work Related Activity".Community Manager
Scope -
Hi @nixyc13 I think I answered your post on another thread ?
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LWCRA
Just to clarify i was receiving it from the first health assessment then when I had the second assessment they deemed me fit enough to look for work. I filed the mandatory reconsideration which failed me . I filed the appeal. The appeal letter i got in Feb but as this crisis happened nothing happened until last week when I got the letter saying a judge from the tribunal assessed all evidence and that the appeal is allowed. That no contact for a health assessment will happen for 24 months.
It's the wording, appeal is allowed that I'm having trouble with. Does that mean it's gone in my favour?
Janer1967, I did it wrong lol I wrote it out and then realised I could post it in the different topics sections lol -
Hi saying appeal gas been allowed just means the court has agreed to hear the appeal. It isnt a decision there will be either a phone or paper based tribunal and you will be informed of a date
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This is a letter stating
'tribunal heard the appeal on the 24th.
Decided on papers instead of at Bristol magistrates court
Appeal is allowed, the Dwp decision of Sept 2019 is set aside.
We make this award because appellant is significantly limited in abilities.
Face to face hearing was not held as no one requested it. Sufficient evidence to make a fair decision without speaking with anyone'
I read it as I won the appeal. But I wanted to ask advice. I have wrote on my uc journal and had a reply they can see the tribunal has been held but no other info.
I appreciate all the comments
X -
Oh if it says appeal has been heard then that will mean you have had paper based appeal and yes you have had DWP decision overturned
Just waiting game now for payment which can take up to 8 weeks to action some get it much quicker -
Hello @nixyc13. It means they have overturned the decision that you are fit for work, however it could mean that they've either put you in the LCWRA group or the LCW group. They're two very different things and only one of them has extra payment attached. Have you heard any more?Community Manager
Scope
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