UC LCWRA appeal

poppy12345

You were found to have LCW so you can't start a new claim. You can report a change of circumstances for a worsening of condition and the process starts again. Your LCW award has no end date, it continues until a new decision says otherwise.

If you report changes and you're found to have LCWRA then you will be owed money from the assessment period in which you reported the changes.

Obviously, if the decision was LCW again then there wouldn't be any money owed.

tifo

poppy12345 said:

You were found to have LCW so you can't start a new claim. You can report a change of circumstances for a worsening of condition and the process starts again. Your LCW award has no end date, it continues until a new decision says otherwise.

If you report changes and you're found to have LCWRA then you will be owed money from the assessment period in which you reported the changes.

Obviously, if the decision was LCW again then there wouldn't be any money owed.

If the process starts again does it mean i go into the work search group and have to start giving fit notes in again?

At the moment it won't matter as our income is over the AET and I was in light touch (no requirements) before LCW.

poppy12345

You have been found to have LCW so that decision remains until a new decision is made. However, when you report a change of health condition then this may prompt a new fit note.

tifo

Had a chat with the welfare advisors today and they say I have no grounds for appeal to the upper tribunal but that if there is a change of circumstances, for example I now suffer from a cataract, I should make a new claim. I was told the current LCW claim will continue until a new decision is made. So is there any point is making a new claim now if i've to start giving fit notes in again, I might as well wait till the current LCW period is near to expiring?

They said it's lack of medical evidence from the GP and hospital which cost me the claim and that they tend not to believe what the claimant says unless there's medical evidence. I think there was enough evidence I gave but from a GP or hospital carries more weight.

I'm told there is nothing I can do about the long delay in assessing me from when I was very ill, the DWP get away with this even though nearly 3 years is a long time.

poppy12345

tifo said:

Had a chat with the welfare advisors today and they say I have no grounds for appeal to the upper tribunal but that if there is a change of circumstances, for example I now suffer from a cataract, I should make a new claim.

As i advised previously, you can't make a new claim because you're already claiming UC and you've already been found to have LCW.

tifo said:

 So is there any point is making a new claim now if i've to start giving fit notes in again, I might as well wait till the current LCW period is near to expiring?

As previously advised also, LCW has no end date and the award continues until a new decision says otherwise. Although they will give you an estimated review date this is just a guide and with current reviews still on hold it's unlikely you will be reviewed anytime soon.

tifo

poppy12345 said:

As i advised previously, you can't make a new claim because you're already claiming UC and you've already been found to have LCW.

As previously advised also, LCW has no end date and the award continues until a new decision says otherwise.

Although they will give you an estimated review date this is just a guide and with current reviews still on hold it's unlikely you will be reviewed anytime soon.

I understood that if I have a new condition then this has to be in a new claim because the old claim and tribunal did not look at this. It may mean a different decision. So the cataract is a new condition which i've been informed about this year and wasn't in my claim.

If reporting a change of circumstances means the process starts again isn't that a new claim? I'm told LCW will continue until another decision is made.

poppy12345

As i advised, you can't make a new claim because you're already claiming UC with LCW. So my previous advise still stands.

poppy12345 said:

You can report a change of circumstances for a worsening of condition and the process starts again. Your LCW award has no end date, it continues until a new decision says otherwise.

tifo said:

I'm told LCW will continue until another decision is made.

Yes as advised here.

poppy12345 said:

As previously advised also, LCW has no end date and the award continues until a new decision says otherwise.

and here.

poppy12345 said:

You have been found to have LCW so that decision remains until a new decision is made

tifo

poppy12345 said:

You can report a change of circumstances for a worsening of condition and the process starts again. Your LCW award has no end date, it continues until a new decision says otherwise.

So basically this if I don't do anything else  .... does 'worsening of condition' include a new condition?

poppy12345

It does but before you do this you need to make sure that you qualify for LCWRA because it's not about a diagnosis.

HillStreetBlues

Sorry if I missed this, but out of interest  how many people on the panel? if there was three  did any of them dissent?