UC LCWRA appeal

Spoonie_Turtle

ayupmeduck said:

tifo said:

born_again said:

But how does your eye affect the pip descriptors?

As has been said. Pip is not based on conditions, only how they effect your daily life fitting into the descriptors.

This is for LCWRA, being able to work  ..... In terms of PIP there's the help with medicines that they gave 2 points for but it's mobility and engaging with others for the majority of points. Some other descriptors for minimum points. In this regard they (tribunal) didn't believe me and took the assessors view.

How does gout and eye issues affect engaging with others? If you need help with medication but no other areas of daily living you wouldn't score for pip. Mobility if 0 points more than 200 meters, 4 points up to 200 meters, can you walk less than 50 meters or more than 50 meters?

Please don't send the thread that way! OP has a very very similar thread about their PIP tribunal, it would be better discussed on there. (Easy to find through OP's profile, under 'discussions'.)

poppy12345

OP other thread here. https://forums.moneysavingexpert.com/discussion/6360303/pip-appeal#latest not something i would like to go back to.

tifo

Regarding the complaint about the delay, which led to the loss of LCWRA for me, it was passed to the ICE, who've now said DWP will pay me an extra £75 to say sorry, on top of the £75 they paid last year and a written apology for the way they handled the complaint. I declined as it doesn't help me with the losses. I've asked the ICE if accepting will affect my complaint if I take it further.

poppy12345

tifo said:

Regarding the complaint about the delay, which led to the loss of LCWRA for me, it was passed to the ICE, who've now said DWP will pay me an extra £75 to say sorry, on top of the £75 they paid last year and a written apology for the way they handled the complaint. I declined as it doesn't help me with the losses. I've asked the ICE if accepting will affect my complaint if I take it further.

What exactly are you expecting to achieve from this?

FusionFury

tifo said:

Regarding the complaint about the delay, which led to the loss of LCWRA for me, it was passed to the ICE, who've now said DWP will pay me an extra £75 to say sorry, on top of the £75 they paid last year and a written apology for the way they handled the complaint. I declined as it doesn't help me with the losses. I've asked the ICE if accepting will affect my complaint if I take it further.

How far can you take it? Is there more room to appeal once the tribunal says no? Like a higher body? 

I wish you well 

poppy12345

FusionFury said:

tifo said:

Regarding the complaint about the delay, which led to the loss of LCWRA for me, it was passed to the ICE, who've now said DWP will pay me an extra £75 to say sorry, on top of the £75 they paid last year and a written apology for the way they handled the complaint. I declined as it doesn't help me with the losses. I've asked the ICE if accepting will affect my complaint if I take it further.

How far can you take it? Is there more room to appeal once the tribunal says no? Like a higher body? 

This thread was first started 13 months ago and all of that was advised multiple times through out the thread. OP is now way out of time to do anything about the Tribunal decision. As has been advised so many times in this thread, they can report a change of health condition and go through another WCA.

Spoonie_Turtle

FusionFury said:

tifo said:

Regarding the complaint about the delay, which led to the loss of LCWRA for me, it was passed to the ICE, who've now said DWP will pay me an extra £75 to say sorry, on top of the £75 they paid last year and a written apology for the way they handled the complaint. I declined as it doesn't help me with the losses. I've asked the ICE if accepting will affect my complaint if I take it further.

How far can you take it? Is there more room to appeal once the tribunal says no? Like a higher body? 

I wish you well 

From the extremely long thread already it's uncertain whether the OP would have been assessed as having LCWRA if the WCA had been quicker anyway, they've not been able to identify clearly how they would have met the criteria. 

This is a very long-running saga, with parts of this thread going round in circles, and while I'm no expert the general concensus among the more experienced posters here seems to be there is no further course for this to run.

tifo

Spoonie_Turtle said:
 

From the extremely long thread already it's uncertain whether the OP would have been assessed as having LCWRA if the WCA had been quicker anyway, they've not been able to identify clearly how they would have met the criteria. 

I think I did both with the assessors and here but I won't go into this again as it's a long thread already and that's been said before.

tifo

FusionFury said:

How far can you take it? Is there more room to appeal once the tribunal says no? Like a higher body? 

I was looking to take it to the upper tribunal but I haven't been able to find the help and advice to do it. Shelter, which is the local advice centre, turned me down based on lack of staff than my case.

Shelter are the ones who advised me in January 2019, when they were helping me against my mortgage lender, that since I'm not working due to my illness and conditions I cannot continue to claim working tax credits and need to go on UC. The rest is from there and after I completed a UC50 form in April 2019 for a WCA and it went pearshape because someone at UC did not do their job properly in July 2019, for which they now apologise again and pay £75 + £75 as a 'special payment'. This mistake by DWP staff caused the delay and hence my position at the assessment in September 2021, some 2 years and 6 months later.

I had fit notes from February 2019 till December 2021, when the DWP said they no longer want them, and it was clear to my then work coaches in 2019 and 2020 that I wasn't capable of work but they could do nothing, like me, but wait for a WCA.

Shelter were wrong in January 2019. There are rules that a person can continue to receive tax credits for up to 28 weeks of illness. Their benefit adviser did not know.

born_again

Challenging a tribunal decision

You might be able to appeal a tribunal's decision if you can show that it made an 'error of law'. First you have to ask the tribunal for a 'statement of reasons' if they haven't sent you one. You must ask within a month of the decision - the letter from the tribunal tells you how.

So did they (Tribunal) make a error in the law? 
Which does not cover you disagreeing with their decision.