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UC turned down, appeal questions

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3 months 1 week ago #268485 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
Hi again,
I'm now submitting evidence to the tribunal. My advisor has decided that i don't need to make a submission, as my form was very detailed and they just haven't read it properly. However, my response to the assessor's report that i submitted for the MR did not turn up in the evidence bundle, so it appears that they've lost it or something and i've been told to submit it again.

Now, i still have this on the computer and there is an online portal to submit evidence into, so I can just drop it into there i think. But there's no mention of this in the B+W guidance and I wondered if this was ok to use, or whether it was just likely to get lost again? It's getting close to a month after i got the bundle and i wanted to get on with it so I'll put it in tonight anyway, but i thought that i would post here to ask if it was worth sending a further copy by mail.
gb

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3 months 1 week ago #268491 by Gary
Replied by Gary on topic UC turned down, appeal questions
Hi GottaBe

I would just check with HMCTS the best way to submit additional evidence; Tel: 0300 123 1142, online or by post, if you do send it by post, send it by recorded delivery, make sure you add your name and reference number/National insurance number on each page and number the pages ... i.e. if you have 6 pages, 1 of 6, 2 of 6 ... 6 of 6.

Gary

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The following user(s) said Thank You: GottaBe

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3 weeks 3 days ago #270971 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
Hello, I return!
I now have a date for my tribunal in a few weeks time. Unfortunately, my advisor appears to have gone missing: I cannot get in touch with the local advice service at all and it's too far away for me to go there and have a look. However, i've found another advisor from a local support charity, who is also going to contribute to the hearing. She also thinks that it might be a good idea just to set out on what grounds i'm appealing on very briefly, so I've contacted the courts to tell them that's she's now going to be my main representative, changing over from the other, nowhere to be found, one.

I called the courts up on the phone and they told me to sent my request to them in writing. However, i forgot to ask them over the phone to make sure that my new representative would be dialled into the tribunal hearing, which will take place over the phone. Given that it's very hard to get thru again and also very expensive, i instead made the request for them to dial her in, in the letter that i sent to them. Will this be ok, or will I have to phone them again to sort that out?

Also, I don't know if we have had crossed wires, but I spoke to the new representative today and she seemed to think that I could claim limited capability for WRA if I could cobble together 15 points over the whole of the WCA, rather than having to meet one of the highest scoring descriptors. This is wrong isn't it? She has a lot of experience so I'm assuming we've misunderstood each other but I've always understood this to be wrong and it's left me a bit worried. I've no one else to help me in the hearing as it stands but I don't want her help to be worse than nothing. Any advice gratefully received as ever.
gb

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3 weeks 3 days ago #270990 by Gary
Replied by Gary on topic UC turned down, appeal questions
Hi GottaBe

I have never had a problem getting through to HMCTS, you do need to put in writing who you representative will be, name, organisation and contact number.

Your new representative is correct; 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)

1) Limited Capability for Work
Assessment to help determine benefit entitlement based on the extent to which a claimant’s health condition or disability affects their capability for work

2) Limited Capability for Work-Related Activity
Assessment to help determine whether the claimant can be placed in the Support Group because the effect of their condition is so severe that it would be unreasonable to expect them to engage in work-related activity.

You will be found to have limited capability for work and work-related activity if:

* at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
* your capability for work and work-related activity is limited; and
* it is not reasonable for you to carry out the activity.

To be assessed as having a limited capability for work, you need to score 15 points or more. Add together the highest score from each activity that applies to you.

Gary

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

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3 weeks 3 days ago #270993 by GottaBe
Replied by GottaBe on topic UC turned down, appeal questions
Courts are keeping me on the phone for 30 minutes or more before I can get thru, It's costing me a fortune. I've notified them of my new rep by writing this week, but what I wanted to clarify was, having asked them to dial the representative into the tribunal in the same letter, would they go ahead and organise for that to happen, or would I have to call them again to make sure that they sorted that out?

Re LCWRA: what the rep was saying was that, as far as I could gather, if I were to score 15 points or more on the WCA, that would mean that I had a limited capability for work related activity, not just LCW like you say there. When I brought up the LCWRA descriptors (which are basically the highest scoring descriptors on the WCA i believe?) she seemed mystified by them. But I've been corresponding with her by email up until now and she has a tendency to go over something a few times before she catches my meaning, so I'm hoping once she's actually gone thru the papers (which has not yet happened, but there's a while to go yet) it will all be a bit clearer.
gb

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3 weeks 3 days ago #270995 by Gary
Replied by Gary on topic UC turned down, appeal questions
Hi GottaBe

We cannot answer your first question, I would advise you to contact HMCTS and ask if they have received your letter with contact details of your new rep.

If you were to score 15 points on one descriptor then I would agree with your rep.

Gary

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