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WCA-LCW denied!
- Gigore
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4 years 11 months ago #231580 by Gigore
Lex
WCA-LCW denied! was created by Gigore
Hello, in regards to an ongoing UC issue i am experiencing, i was unable to find any direct advice within your guide via your booklet (www.benefitsandwork.co.uk/help-for-claimants/esa1#appeals) so decided to ask for help on how to approach my query towards the DWP decision to stop my LCW payments. This, due to my WCA which deemed i failed the assessment on 13 May 2019 with no points. Albeit the DWP has known and acknowledged i do have a long standing illness whereby their “cautiously worded” decision letter states...
”Following your Work Capacity Assessment we’ve decided that you do not have limited capacity for work and can do some type of work. This means you might be expected to look for work, depending on what you have agreed with you work coach.”
In addition, i had won an appeal regarding the current WCA in question due to not being able to attend the original appointment back in December 2018, due to the same ongoing illness which i have. Therefore as the medical evidences are the same now as they were back in December 2018, i believe i should be placed in the LCW-related activity group or similar, as i was in 2017 before the DWP stopped my ESA and moved me onto UC. My doctor has also recently provided me with a current Fitness for Work certificate covering 23-05-19 -01.9.19, but am unsure whether to submit this note straight away or wait until the appeal process. On top of this, my work coach has referred me to the Shaw Trust for “work search ad preparation” support and now am unsure how to approach my MR and then future appeal to the judge to have my LCW payments reinstated. Any guidance appreciated.
”Following your Work Capacity Assessment we’ve decided that you do not have limited capacity for work and can do some type of work. This means you might be expected to look for work, depending on what you have agreed with you work coach.”
In addition, i had won an appeal regarding the current WCA in question due to not being able to attend the original appointment back in December 2018, due to the same ongoing illness which i have. Therefore as the medical evidences are the same now as they were back in December 2018, i believe i should be placed in the LCW-related activity group or similar, as i was in 2017 before the DWP stopped my ESA and moved me onto UC. My doctor has also recently provided me with a current Fitness for Work certificate covering 23-05-19 -01.9.19, but am unsure whether to submit this note straight away or wait until the appeal process. On top of this, my work coach has referred me to the Shaw Trust for “work search ad preparation” support and now am unsure how to approach my MR and then future appeal to the judge to have my LCW payments reinstated. Any guidance appreciated.
Lex
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- Gordon
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4 years 11 months ago #231592 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WCA-LCW denied!
Lex
I'm afraid the December 2018 appeal is not relevant to your current situation, it was solely concerned with your having Good Cause on the particular day of the appointment not to attend it.
Your having Limited Capability for Work was not considered and you will struggle to show that the Decision has relevance to any other day other than the appointment date.
If you have claimed Universal Credit then you are currently subject to a full Claimant Commitment, you can present a new Fit Note and ask to be assessed for Limited Capability for Work. This will be the same assessment as you have just had for ESA so you will need to deal with the issues that meant that you did not score previously.
Submitting a Fit Nte should excuse you from any Work Related Activity that you are being asked to do.
Having claimed UC you cannot return to ESA even if your appeal is successful and whilst any award from the appeal will be applied to your UC, the new assessment will limit the award, so as a worst case, if your appeal results in a WRAG placement and the UC assessment finds you Fit for Work then it will be the latter Decision is carried forward although you would have a new right of appeal.
Have a look at our ESA guides for help with the appeal and the criteria that you need to show that you meet.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
I'm afraid the December 2018 appeal is not relevant to your current situation, it was solely concerned with your having Good Cause on the particular day of the appointment not to attend it.
Your having Limited Capability for Work was not considered and you will struggle to show that the Decision has relevance to any other day other than the appointment date.
If you have claimed Universal Credit then you are currently subject to a full Claimant Commitment, you can present a new Fit Note and ask to be assessed for Limited Capability for Work. This will be the same assessment as you have just had for ESA so you will need to deal with the issues that meant that you did not score previously.
Submitting a Fit Nte should excuse you from any Work Related Activity that you are being asked to do.
Having claimed UC you cannot return to ESA even if your appeal is successful and whilst any award from the appeal will be applied to your UC, the new assessment will limit the award, so as a worst case, if your appeal results in a WRAG placement and the UC assessment finds you Fit for Work then it will be the latter Decision is carried forward although you would have a new right of appeal.
Have a look at our ESA guides for help with the appeal and the criteria that you need to show that you meet.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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