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New claim with UC50 6 months after last WCA?
- KEITH TAIT
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5 years 5 months ago #240658 by KEITH TAIT
New claim with UC50 6 months after last WCA? was created by KEITH TAIT
Due to deterioration of health condition 6 months after WCA in June 2019 -(when I was pronounced fit for work)should I be allowed to claim again for the Ltd capability for Work element of Universal Credit.?
That is fill out another UC50?
Background:
November 4th,2019 :DWP Mandatory Reconsideration not reversed 9th July decision.
I have appealed the 9th July decision-to the Tribunal.
When I telephoned the DWP (2 weeks ago) about getting them to send me another UC50 due to my health condition deteriorating, the DWP said that I should wait for the Tribunal decision-
The DWP said that the Tribunal would take into consideration any new evidence from my GP stating that my health condition had deteriorated over the last 6 months and would consider my current deteriorated health condition as grounds for overturning the orginal WCA decision in June.
My response was that this would not be the case, and that I should be reporting my current deteriorated health condition now-and the fact that my health condition has deteriorated since June 21st(it is the same health condition that has worsened)-Was I correct in thinking I should be making a new claim with a new UC50?
But the DWP refunsed to send out another UC50 to me:( a couple of weeks ago)
They stated I would have to provide further evidence(that is send a letter from my GP into their regional office) stating that my health condition has deteriorated BEFORE they would be prepared to send out another UC50-that would allow me to make a new claim for the Ltd capability for work element of UC.
Furthermore they said that if the Tribunal ruled in my favour,and then I had another WCA , which found me fit for work-then the Tribunal decision would be over-ruled -therefore I should submit evidence to the tribunal that my health condition has deteriorated since the WCA and expect them to use this recent evidence in making their decision to overturn the 7th July DWP decision(and the 4th November Mandatory Reconsideration decision).
And therefore, the DWP said I should forget about applying again through the UC50 on the grounds that my health condition has deteriorated-and expect the Tribunal to consider recent evidence that my health has deteriorated in order to overturn the orginal DWP decision.
But surely the Tribunal only considers the validity of the original DWP decision made on 9th July which decided that I do not have limited capability for work?
However, I am sure that I am allowed to fill out another UC50 after nearly 6 months has passed since June 21st -the date of the WCA-because my health condition has worsened considerably.Am I correct in thinking this?
But the DWP have so far refused to send out another UC50?Are they acting legally in refusing to send out another UC50?
Or should I speak to my UC caseworker and demand that they send me a UC50 out, so that I can make another claim based on the evidence of my worsened health condition?
However, is it fair to say that the Tribunal will only look at my health condition as assessed by the WCA on 21st June, 2019.?
And therefore I should be re-claiming with a new UC50?
That is fill out another UC50?
Background:
November 4th,2019 :DWP Mandatory Reconsideration not reversed 9th July decision.
I have appealed the 9th July decision-to the Tribunal.
When I telephoned the DWP (2 weeks ago) about getting them to send me another UC50 due to my health condition deteriorating, the DWP said that I should wait for the Tribunal decision-
The DWP said that the Tribunal would take into consideration any new evidence from my GP stating that my health condition had deteriorated over the last 6 months and would consider my current deteriorated health condition as grounds for overturning the orginal WCA decision in June.
My response was that this would not be the case, and that I should be reporting my current deteriorated health condition now-and the fact that my health condition has deteriorated since June 21st(it is the same health condition that has worsened)-Was I correct in thinking I should be making a new claim with a new UC50?
But the DWP refunsed to send out another UC50 to me:( a couple of weeks ago)
They stated I would have to provide further evidence(that is send a letter from my GP into their regional office) stating that my health condition has deteriorated BEFORE they would be prepared to send out another UC50-that would allow me to make a new claim for the Ltd capability for work element of UC.
Furthermore they said that if the Tribunal ruled in my favour,and then I had another WCA , which found me fit for work-then the Tribunal decision would be over-ruled -therefore I should submit evidence to the tribunal that my health condition has deteriorated since the WCA and expect them to use this recent evidence in making their decision to overturn the 7th July DWP decision(and the 4th November Mandatory Reconsideration decision).
And therefore, the DWP said I should forget about applying again through the UC50 on the grounds that my health condition has deteriorated-and expect the Tribunal to consider recent evidence that my health has deteriorated in order to overturn the orginal DWP decision.
But surely the Tribunal only considers the validity of the original DWP decision made on 9th July which decided that I do not have limited capability for work?
However, I am sure that I am allowed to fill out another UC50 after nearly 6 months has passed since June 21st -the date of the WCA-because my health condition has worsened considerably.Am I correct in thinking this?
But the DWP have so far refused to send out another UC50?Are they acting legally in refusing to send out another UC50?
Or should I speak to my UC caseworker and demand that they send me a UC50 out, so that I can make another claim based on the evidence of my worsened health condition?
However, is it fair to say that the Tribunal will only look at my health condition as assessed by the WCA on 21st June, 2019.?
And therefore I should be re-claiming with a new UC50?
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- Gordon
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5 years 5 months ago #240674 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic New claim with UC50 6 months after last WCA?
Keith
The are several issues that you raise and I will try and answer them all, just not in the order asked
You are correct, your Tribunal can only consider your limitations as they were at the time of the Decision appealed, they cannot consider any deterioration that has occurred since then.
Asking to be reassessed for LCW will create a new Decision and this will supersede any Decision that the Tribunal panel will make, so as a worst case scenario; if the Tribunal gives you an LCWRA Decision and the new UC Decision is Fit for Work then it is the latter that will be carried forward although you would have a new right of appeal.
If it has been six months (I don't think the time matters) and you can show that your conditions have deteriorated or that you have a new condition such there would be a reasonable expectation of an LCW or LCWRA award then the DWP should put you forward for a new assessment.
You will need to provide medical evidence to support the change from your GP or another medical professional.
Gordon
The are several issues that you raise and I will try and answer them all, just not in the order asked

You are correct, your Tribunal can only consider your limitations as they were at the time of the Decision appealed, they cannot consider any deterioration that has occurred since then.
Asking to be reassessed for LCW will create a new Decision and this will supersede any Decision that the Tribunal panel will make, so as a worst case scenario; if the Tribunal gives you an LCWRA Decision and the new UC Decision is Fit for Work then it is the latter that will be carried forward although you would have a new right of appeal.
If it has been six months (I don't think the time matters) and you can show that your conditions have deteriorated or that you have a new condition such there would be a reasonable expectation of an LCW or LCWRA award then the DWP should put you forward for a new assessment.
You will need to provide medical evidence to support the change from your GP or another medical professional.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- KEITH TAIT
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5 years 5 months ago #240698 by KEITH TAIT
Replied by KEITH TAIT on topic New claim with UC50 6 months after last WCA?
Hi Gordan
I phoned the DWP straight after I read your comments:They said:
1)They said in order for me to apply for re-assessment for LCW I must first withdraw my Tribunal appeal against the 9th July WCA decision
2)In order to get another UC50(that is apply for another WCA) I must firstly, send in a GPs letter or another `fit note` stating that my health condition has got a lot worse since the 9th July decision on the June WCA-only after receipt of the GP`s letter/fit note will they send me a UC50 through which I may make the application for another WCA.
Are 1) and 2) correct?
Finally, could you tell me, roughly, what the monetary value of LCW and LCWRA constitutes in Universal Credit.That is how much would either of these awards add to my current Universal Credit allowance?
I phoned the DWP straight after I read your comments:They said:
1)They said in order for me to apply for re-assessment for LCW I must first withdraw my Tribunal appeal against the 9th July WCA decision
2)In order to get another UC50(that is apply for another WCA) I must firstly, send in a GPs letter or another `fit note` stating that my health condition has got a lot worse since the 9th July decision on the June WCA-only after receipt of the GP`s letter/fit note will they send me a UC50 through which I may make the application for another WCA.
Are 1) and 2) correct?
Finally, could you tell me, roughly, what the monetary value of LCW and LCWRA constitutes in Universal Credit.That is how much would either of these awards add to my current Universal Credit allowance?
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- Gordon
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5 years 5 months ago #240710 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic New claim with UC50 6 months after last WCA?
Keith
1. They absolutely cannot require you to close your appeal, they have no legal right to request this, if you are told this again ask for a reference to the legislation that they are using to require this.
2. Yes. as previously posted, you need to provide written evidence of the deterioration.
Gordon
1. They absolutely cannot require you to close your appeal, they have no legal right to request this, if you are told this again ask for a reference to the legislation that they are using to require this.
2. Yes. as previously posted, you need to provide written evidence of the deterioration.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KEITH TAIT
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