UC LCWRA appeal

tifo

xxxxxxxx said:

None of which meets any LCWRA descriptor. 

Of course they did in 2019. No one can work in that very painful position. The symptoms have lessened but not gone away, the conditions are for life. Only I know how much pain and distress I was in in 2019 and 2020.

Alice_Holt

tifo said:

xxxxxxxx said:

None of which meets any LCWRA descriptor. 

Of course they did in 2019. No one can work in that very painful position. The symptoms have lessened but not gone away, the conditions are for life. 

        IT'S NOT WHETHER YOU CAN WORK.   

    IT HAS ALREADY BEEN DECIDED THAT YOU ARE NOT FIT FOR WORK - HENCE THE LCW DECISION.


   It's whether you meet one of the LCWRA descriptors (as has been pointed out in numerous posts).

  For the avoidance of doubt. Here are the LCWRA descriptors:

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity#:~:text=LCWRA descriptors,reasonably, be worn or used.&text=(ii) repeatedly mobilise 50 metres,of significant discomfort or exhaustion.

Please tell us which exact descriptor(s) applies to you (and why).



This is from an earlier post (about a week back) by Spoonie :

" You've still not actually specified which LCWRA descriptor(s) you think you should have met then or now.  LCW already acknowledges that you can't work."

To which the OP has yet to give an answer.


Perhaps it's time for MSE Towers to close this thread - as it's becoming a bit pointless and very confused?

poppy12345

tifo said:

xxxxxxxx said:

None of which meets any LCWRA descriptor. 

Of course they did in 2019. No one can work in that very painful position. The symptoms have lessened but not gone away, the conditions are for life. Only I know how much pain and distress I was in in 2019 and 2020.

Again we are going round in circles. In a previous comment you said you can no longer do the work you used to do BUT it's not about the work you used to do, it's about the work you CAN do. They look at your ability to do any type of work, even if you've never done that before, it makes no difference.

As has been asked several times in this 16 page thread... which descriptor for LCWRA do you think applies to you?

HillStreetBlues

Alice_Holt said:

Perhaps it's time for MSE Towers to close this thread - as it's becoming a bit pointless and very confused?

I don't feel closing this thread and or the other one will be helpful.
There will end up being more threads with references to the old ones.

If the OP is unable/ unwilling  to answer the question  "Please tell us which exact descriptor(s) applies to you (and why)."
the thread should die naturally as people stop replying.

nannytone_2

OP I am blind.  I meet descriptor 7ii.
Cannot read braille and cannot read 16 point print.
This is what makes me eligable for ESA support group/UC LCWRA.
Which descriptor do you meet?

Muttleythefrog

tifo said:

xxxxxxxx said:

None of which meets any LCWRA descriptor. 

Of course they did in 2019. No one can work in that very painful position. The symptoms have lessened but not gone away, the conditions are for life. Only I know how much pain and distress I was in in 2019 and 2020.

I think you need to make a decision -

do you want:
1.  a circular debate which you refuse to engage so that you can anger people and waste everyone's time
2. to accept you meet/met no LCWRA descriptor and end the thread
3. to state the LCWRA descriptor you think you met. (Saying you would have been unable to work is not a descriptor and the DWP already accepted you meet the criteria for LCW following appeal as I understand it) so advice can be given in relation to that. You have been asked so many times and repeatedly come back with pointless answers or ignore posters.
4. Advice on how to change the law so you in future in theory could meet a LCWRA descriptor.

There really isn't any other option.. right? Saying it was too painful for you to work means you are selecting option 1. For option 3 I have asked if a particular descriptor is the one you have in mind but you've ignored me... I'm trying to figure out if you triggered the substantial risk to your health if not found to have limited capability for work at tribunal (you seem quite unclear - actually spelling out these things can help, i.e. direct quotes from the decision) and if you think by extension you also should have been found to be at substantial risk to your health if not found to have limited capability for work related activity. If so please state.

Sorry to sound so direct but there does come a point where it appears the advice you're getting is actually not helping you at all because it seems to just be engaging you in some emotional game of cat and mouse and in relation to your other matter for PIP in procrastination. I don't think anyone here will doubt the pain and suffering you describe (the images alone suggest it strongly)  but you have to recognise benefit criteria and descriptors are quite specific and people here cannot bend the law to satisfy you... nor can they decide your benefit entitlement... they can only advise what the law is and how best you might get your entitlements. 

tifo

HillStreetBlues said:

I don't feel closing this thread and or the other one will be helpful.
There will end up being more threads with references to the old ones.

If I make a new LCW/RA request i'll open another thread so that I can get relevant advice from the start. I think rather than trying it on my own like I did with this one, as it was my first such assessment.

Meanwhile, i'll take advice on this thread for the ongoing appeal, if any.

Muttleythefrog

tifo said:

HillStreetBlues said:

I don't feel closing this thread and or the other one will be helpful.
There will end up being more threads with references to the old ones.

If I make a new LCW/RA request i'll open another thread so that I can get relevant advice from the start. I think rather than trying it on my own like I did with this one, as it was my first such assessment.

Meanwhile, i'll take advice on this thread for the ongoing appeal, if any.

Before you consider such a request to DWP.... determine first what result you want/how you get it and so I remind you again of my point 3 above otherwise you could be stabbing in the dark against a monster that may not even be there.

tifo

Muttleythefrog said:

 I've seen it with some some other claimants who have ended up on these boards... there's no apparent intellectual or communication barrier to answering questions but there seems to be some emotional evasion to doing so and that I imagine can come across as someone being deceitful (you seem to report decent experiences of events where participants go on to conclude they do not believe you) ... especially if they try to take you around an issue rather than simply engaging it and where the answers should be quite factual.

HillStreetBlues said:

The OP  has said in the other thread about an tribunal appeal for DLA "They too didn't believe me much"
For whatever reason there does seem to be a pattern.

I agree with you that answers should be factual, how you answer them is also important (don't get angry, defensive etc). 

The panel for the WCA appeal were good, that's why they gave LCW, but it's the panel for the PIP claim who didn't believe anything I said, including the evidence in terms of colour photographs, hospital letters, doctors notes etc. That I understand could be a basis for an error in law. Like i've said many times, they simply quoted the medical report which was untrue on many statements it made. You or they might not believe me but it's the truth.

Everything I said in my statements to the panel was backed up and referenced to the evidence I submitted. It may not have been eloquent enough to get through to them about what I was saying, but it was factual. There was no reason not to believe me.

born_again

tifo said:

HillStreetBlues said:

I don't feel closing this thread and or the other one will be helpful.
There will end up being more threads with references to the old ones.

If I make a new LCW/RA request i'll open another thread so that I can get relevant advice from the start. I think rather than trying it on my own like I did with this one, as it was my first such assessment.

Meanwhile, i'll take advice on this thread for the ongoing appeal, if any.

Rather than starting a whole new thread/s asking for relevant advice.
Go back through these 2 threads & use the links that others have provided such as:
https://advicelocal.uk/
By @poppy12345
Others have also provided links to proper groups who deal with these applications day in day out. 

While there is good advice to be had from many posters here. It is a case of information in = advice out. There is no substitute for someone who does it full time.