LCWRA Appeal

budboo92
budboo92 Online Community Member Posts: 6 Listener
edited July 2022 in Universal Credit (UC)
Hi, 

I was awarded LCW last December, which I am appealing as I believe I should have been awarded LCWRA. My appeal is on August 3rd. My appeal is over video call, I’m just so nervous and anxious, what should I expect on the video call? Has anyone lost there appeal? 
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Comments

  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,611 Championing
    Morning @budboo92 and welcome to the community, I hope you are well today.

    Thanks for joining us and telling us how you feel about your upcoming video appeal. It's normal to be nervous, but hopefully things go well and you get the result you want. 

    Perhaps it might be worth writing a few notes to have handy on the day in case you forget anything? We've all been there when, in a moment of nerves, we forget to say something that we had planned to, so having some notes there might relieve some of that pressure a bit.

    This is a very supportive and welcoming site to be a part of so I’m hopeful that you’ll find it to be a positive outlet. Feel free to have a look around and get involved wherever you’d like 😊 I have included below a few of our other pages I’d recommend having a look through to get used to things:

    • The virtual coffee lounge which is one of our categories, in which we play games and talk about general subjects such as hobbies and interests
    • The recent discussions page, which shows an overview of everything happening across the community
    • The categories page, which shows a full list of discussion groups on the community

    If you have any questions at all then don’t hesitate to ask.

  • janer1967
    janer1967 Online Community Member Posts: 21,922 Championing
    Hi and welcome to the community 

    I went to tribunal face to face a few years ago and was awarded lcwra after initially being found fit for work 

    Go through your bundle and make notes of the areas you think apply to you and prepare to detail 2 examples for each about what happened when you past tried to do the activity include where you were who you were with when it was , what happened   the consequences of trying to do the activity 

    Remember the wca is all about your ability to carry out any type of work 

    Good luck let us know how you get on 
  • janch63
    janch63 Online Community Member Posts: 45 Listener
    Hi, I have just won my appeal I had tribunal but was just over the phone, the judge and doctor made me feel at ease, it wasn’t a bad experience at all. Hope this helps and good luck.
  • Tori_Scope
    Tori_Scope Scope Posts: 12,471 Championing
    Welcome to the community from me too @budboo92 :) Are you receiving any expert support to help you with your appeal? 
  • Tori_Scope
    Tori_Scope Scope Posts: 12,471 Championing
    edited July 2022
    Thank you for sharing that @janch63 :) And congratulations!

    Was it less stressful than you expected it to be?
  • janch63
    janch63 Online Community Member Posts: 45 Listener
    Was not stressful at all
  • Tori_Scope
    Tori_Scope Scope Posts: 12,471 Championing
    That's good @janch63 :) 
  • budboo92
    budboo92 Online Community Member Posts: 6 Listener
    Hi, my appeal was today, over video call and the judge adjourned it because there wasn’t enough evidence. I don’t have any more evidence so what should I do? I’m so stressed out. If on the new date she turns me down for LCWRA, is there anything I can do? On what grounds can I take it to the upper tribunal? I don’t understand this error in law. 
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,535 Championing
    Hello @budboo92 I'm really sorry to hear what happened with your appeal today has stressed you out. Can you tell me when the new date is?

    Are you getting any professional support with your appeal? It might be worth getting in touch with Advice Local or Turn2Us to search for an adviser. 

    Did the judge explain to you what evidence would help them make a decision?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Firstly have you taken a look at the descriptors for LCWRA? If not you can see them here https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity
    What evidence did the panel ask for? Sometimes they specifically ask for medical records from certain dates, did they ask for this or anything else?
    My advice is to get some expert advice
    from an agency near you. Start here https://advicelocal.uk/
    If the worst happens and the decision doesn’t change for the error in law you need to first request the statement of reasons and record of proceedings within 1 month of the decision. Then you need to find someone to take a look to see if they can find the error in law. If it’s not found you can’t take it any further.
    Try not to think of that at this stage.
  • budboo92
    budboo92 Online Community Member Posts: 6 Listener
    Hi, yes I have a representative. They are looking a letter from my gp from 2015, a letter the doc had written that put me in the support group on ESA before moving over to UC. When I asked for my medical notes, it wasn’t in with them so I’m not sure where this letter is. They need to request for this letter before they can send me out a new date. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Is the rep from an advice agency or someone else?
  • budboo92
    budboo92 Online Community Member Posts: 6 Listener
    My representative is from fightback4justice. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    I see…
  • budboo92
    budboo92 Online Community Member Posts: 6 Listener
    Hi, 

    I just want to update you all, I had my appeal this morning via video link, and I have won my appeal for LCWRA, from December 21st 2021, there isn’t an end date so that part is up to UC. Does anyone know how much I would be due back pay? My assessment date for UC is 26th-25th. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    budboo92 said:
    Hi, 

    I just want to update you all, I had my appeal this morning via video link, and I have won my appeal for LCWRA, from December 21st 2021, there isn’t an end date so that part is up to UC. Does anyone know how much I would be due back pay? My assessment date for UC is 26th-25th. 
    Good news. There’s no end date for LCWRA because it’s an ongoing award until a new decision says otherwise.
    When it’s paid from will depend on what date exactly you first reported your health condition. 
  • budboo92
    budboo92 Online Community Member Posts: 6 Listener
    I switched from ESA over to UC a couple of years ago and I was in the support group on ESA and it transferred over with me, and I was automatically put in the LCWRA group. I had my assessment on December 21st 2021 and was awarded LCW, but I appealed it as I believed I should have been placed on LCWRA. So from December 21st 2021 is the date they’ve awarded me LCWRA from. My assessment dates on UC are 26th-25th. 
  • calcotti
    calcotti Online Community Member Posts: 10,000 Championing
    edited October 2022
    You are due LCWRA for all the months it was not included.
  • mem
    mem Online Community Member Posts: 2 Listener
    I have just been awarded lcw not lcwra scoring 24 points when the dwp scored me zero in 2021 the appeal has taken this long as I have chronic RA I have totally damaged wrists akin to fracture with Chronic RA for which they saw my anti ccp levels and Rheumatoid facror levels show I have Seropositive RA in the highest form.  I was unable to get the MRI and Recent Cat scans as they were only available on a disk and orthopaedics have several months backlog as their disk burner is broke.  All the letters state druj destruction and Grade 1 destruction on both wrists and in my hands and fingers plus shoulders so they assured me they had enough and both the judge and dr appeared to want to help me.  However the judge was hung up on whether I could pick up a pound coin or not so asked my sister not me but she told me off for interupting her so I didnt hear that as I was licking my wounds but again I could do it with pain.  The dr in attendance asked if I could pick up a l.5 litre and I said only with extreme pain. Im in pain all day every day but any use of my hands causes extreme pain but Im on my own for 11 hours day whilst my teenage sons are at school out of the area so I admitted making myself drinks through out the day as I cant go all day without any sustinance but said about the absolute pain it causes. My statement however much pain it causes Im doing it because I cant go all those hours without a drink but I dont make myself anything to eat as its just another onlslought on my hands I dont need.  This along with shoulders was the only descripitor in schedule 7 I matched but as I admitted to 1.5 litre with extreme pain I didnt match it.  They awarded me points for  1 litre liquid 9 points and 6 points  for both shoulders but both shoulders are on schedule 7 but they stated I cant have lcwra as none of the descriptors were met?  Do I have grounds for second tier if I couldnt get the mri and cat scan in time,  or that I admitted to doing it only with extreme pain.  The judge was hung up on able to pick up a pound coin but thats not on there and the one the DWP used against me was pick up a piece of paper from hand to another which also is not on there, but the regs I found were 2013.  Chronic fatigue was not even a factor but its totally debillitating and although I referred to it many times in my submissions it was not brought up at all in the hearing however are there any regs for this at all?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    mem said:
    I have just been awarded lcw not lcwra scoring 24 points when the dwp scored me zero in 2021 the appeal has taken this long as I have chronic RA I have totally damaged wrists akin to fracture with Chronic RA for which they saw my anti ccp levels and Rheumatoid facror levels show I have Seropositive RA in the highest form.  I was unable to get the MRI and Recent Cat scans as they were only available on a disk and orthopaedics have several months backlog as their disk burner is broke.  All the letters state druj destruction and Grade 1 destruction on both wrists and in my hands and fingers plus shoulders so they assured me they had enough and both the judge and dr appeared to want to help me.  However the judge was hung up on whether I could pick up a pound coin or not so asked my sister not me but she told me off for interupting her so I didnt hear that as I was licking my wounds but again I could do it with pain.  The dr in attendance asked if I could pick up a l.5 litre and I said only with extreme pain. Im in pain all day every day but any use of my hands causes extreme pain but Im on my own for 11 hours day whilst my teenage sons are at school out of the area so I admitted making myself drinks through out the day as I cant go all day without any sustinance but said about the absolute pain it causes. My statement however much pain it causes Im doing it because I cant go all those hours without a drink but I dont make myself anything to eat as its just another onlslought on my hands I dont need.  This along with shoulders was the only descripitor in schedule 7 I matched but as I admitted to 1.5 litre with extreme pain I didnt match it.  They awarded me points for  1 litre liquid 9 points and 6 points  for both shoulders but both shoulders are on schedule 7 but they stated I cant have lcwra as none of the descriptors were met?  Do I have grounds for second tier if I couldnt get the mri and cat scan in time,  or that I admitted to doing it only with extreme pain.  The judge was hung up on able to pick up a pound coin but thats not on there and the one the DWP used against me was pick up a piece of paper from hand to another which also is not on there, but the regs I found were 2013.  Chronic fatigue was not even a factor but its totally debillitating and although I referred to it many times in my submissions it was not brought up at all in the hearing however are there any regs for this at all?

    You can't just appeal the decision because you disagree, you can only appeal on error of law. To find that error you must first request the Statement of Reasons and record of proceedings within 1 month of the date of the decision. You need to request these from HMCTS.

    Once you receive them you need to find an expert to take a look to see if they can find the error in law. If they can't then you can't take it any further. You will need either a law centre or Welfare Rights, Citizens Advice will not be able to help with this because it's beyond the help they offer. This link will help you find what's local to you. https://advicelocal.uk/welfare-benefits

    You can report a change to your health condition but please be aware that by doing this you'll receive more forms to fill in and the whole process starts again.



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