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UC turned down, appeal questions

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5 months 1 day ago #266934 by Gary
Replied by Gary on topic UC turned down, appeal questions
Hi GottaBe

You have to keep going, I fully understand that at times it can seem an up hill battle, the way to win the battle is to take small steps at a time. Set up goals and don't over do it, when you feel tired .... stop

If you have any questions come back to the forum.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 months 19 hours ago #266948 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
Hi,
Yeah, I find that it's best to stick to not much more than about half an hour, going up to 45 - 50 minutes is a bit much, certainly if i keep doing it. Thank you and everyone for all your help.

I got a report thru the mail today, but it's the same one that I got after the WCA. Is there another document I can get at this stage that specifically refers the decision making in the mandatory reconsideration? This may be why I'm finding it tricky to deal with them about this, whenever I talk to someone it feels like I'm at cross purposes.
gb

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5 months 9 hours ago #266970 by Gary
Replied by Gary on topic UC turned down, appeal questions
Hi GottaBe

You say that you got the report through today, is it the assessors report called UC85 or is it the decision makers report?
You need the Assessors report (UC85) to find out what the assessor wrote about you, this report would have been used by the decision maker.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 months 9 hours ago #266973 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
It's the UC85 report, but I've already had this, this is what I responded to when I did the mandatory reconsideration. I wanted to see the decision makers report though because I wanted to see why they'd left in the requirement for WRA. In the journal note it said that they'd shifted the weight of the evidence from the assessor's report onto what my Dr said, ostensibly because he knew my case better (tho I expect the fact that I'd demonstrated that the assessor's report was full of rubbish might have helped). But my Dr also said I struggled with appointments and that I wasn't up to WRA, so I thought it might be helpful to know why he'd ignored that. Can I get the decision makers report and, if so, it it worth the bother? I assume that all this stuff will come with the big bundle that I'll get once the appeal is in.

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5 months 8 hours ago #266974 by Gary
Replied by Gary on topic UC turned down, appeal questions
Hi GottaBe

When you ask for a mandatory reconsideration and your award stays the same, you should be sent two copies of the decision makers decision.

There are two parts to the work capability assessment :-

The first part looks at whether you have 'limited capability for work' (LCW)
The second part looks at whether you have a 'limited capability for work related activity' (LCWRA)

In order to qualify for the LCWRA Group you will need to;

* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.

The LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 months 4 weeks ago #266985 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
I have the Mandatory reconsideration notice but was only sent that once (as a pdf thru the journal), although there was a note on the journal explaining why the decision had been changed. I was hoping to find something else like that but a bit more official and in depth. If the decision maker's decision is just the points score with no explanation around it, then I don't think it's going to be worth my while trying to get it.

I've never been given a breakdown of the points that I got, but I think that's mainly because I didn't score any first time around, that was clear from the UC85 report. Whenever I've been awarded ESA in the past, I've never been given a points score, I've always been pushed thru on the exceptional circumstances rules and that appears to be what has happened this time, at least in relation to having limited capability for work. I was surprised to not score any points on the WCA, but I'd be astonished if I managed to get to 15 points for any one question. I'm not really clear that I could have managed to do so a decade or so ago when I was still in bed most of the time everyday, tho I'm not sure that it was as hard to score points then.

It did worry me seeing in the B+W guidance that it's harder to get thru on exceptional circumstances now, but there's a lot of things in WRA that I couldn't do and I haven't even felt reassured that the most baseline stuff I'd be expected to do would be within my capabilities (nobody seems very clear what's expected of me at all tbh).

I think that I at least have to get the appeal started, and then if someone tells me later that I've got no chance of winning then I'll think about what to do then. I have an arranged phone call with my local benefits advisor on Friday, so I'll just go thru what I've got with her then and ask her about anything more involved that I need to discuss, like representation and stuff. Thanks for your help

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