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LCWRA Appeal

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5 hours 20 minutes ago #311745 by Tismtime
LCWRA Appeal was created by Tismtime
I'm not sure if this is appropriate here but I instructed a representative company to help with my UC appeal. When they submitted the appeal they wrote on the form: What you disagree with: Please note this application has been completed over the telephone by (rep) with Miss M***. Our client wishes to dispute the decision of their claim. Why you disagree with it: As representatives we will assist the appellant to gain further evidence including medical records to aid the panel. We will prepare a submission at the appellants request (upon receipt of the DWP’s response) to outline where we feel the appellant meets the criteria for the benefit. Today I had a UC journal entry which said: Hello L***, I hope you are well. I was assigned to your appeal case. To be able to write a response to your appeal request, I need to understand what you are disputing: I note that your representative has stated that you are disputing the original decision. Could you please explain this further? Could you please explain what are the specific issues you are not happy within the decision? Furthermore, your representative stated that you will be seeking further evidence including medical records to aid the panel. Do you have this further evidence? i see you will be submitting this to HMCTS, in the meantime could you please list what this evidence is? I am unable to create an upload to do for you (as this is sensitive medical evidence), so it is important that you will send this to HMCTS directly, if you have it. I hope the above makes sense. I look forward to your reply and thank you in advance for your assistance on the matter. With kind regards My Rep told me to respond with their contact details and asked that DWP call them directly to discuss, which they did and then another journal entry followed: Hello L***, thank you for your message. I have contacted your representative. They were unable to provide any further details about what is it that you are disputing about the WCA decision. They want to see a bundle of evidence and the department response. I am unable to create a response to the issues that you are not happy within the decision. They stated that they will get again in touch once they will receive medical evidence. With this in mind, i will hold on your appeal request until further clarification is provided about the grounds for dispute. I apologise that this will cause delay. It is important also that i clarify that if you require the assessment report, you need to ask a copy of this to your work coach or case manager. As this report contains sensitive information about your health, this will be solely released to you. Your representative cannot ask to get one for you as they are not your appointee. I hope the above makes sense. With kind regards The rep then explained to me that they will allow the 28 days to lapse (9th Feb) and then contact the courts to ask DWP to respond. I'm so lost with what to do now. I'm debating whether to just go it alone or are DWP being sneaky here by messaging me directly? Thanks

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3 hours 48 minutes ago #311752 by latetrain
Replied by latetrain on topic LCWRA Appeal
Hi Tismtime

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

Only you can make the decision, one question I would ask you, from your post I am not sure if you have requested a copy of the assessors report called a UC85, this will give you an indication on how you were assessed which is what you need when appealing a decision.

Quite often claimants get decision makers report mixed up with the assessors report.

Gary

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

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