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    • Jemeranda
    • By Jemeranda 5th Jul 18, 4:52 AM
    • 6Posts
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    Jemeranda
    Need guidance
    • #1
    • 5th Jul 18, 4:52 AM
    Need guidance 5th Jul 18 at 4:52 AM
    Recently attended court on the 19th June 2018 for a Tribunal regarding my WCA (i have had 2 that i challenged as i scored 0 on both of them, the first was in 2017 and the second was in 2018).
    The decision notice that i received goes as follows:-
    1. The appeal is allowed.
    2. The decision made by the Secretary of State on 08/03/2017 is set aside.
    3. Has limited Capability for Work Related Activity.
    4. In applying for the Work Capability Assessment 15 points were scored from the activities and descriptors in Schedule 6 of the Universal Credit Regulations 2013 .
    5. By reason of severe L5 nerve root pain and spinal stenosis, is significantly limited. In reaching its decision, the Tribunal placed particular reliance upon the evidence of the letter from consultant spinal surgeon, dated 09/05/17 and oral evidence of the appellant.
    6. Attended the hearing today and gave oral evidence which was considered by the Tribunal together with the appeal bundle to page 154.
    The matter is now to be remitted to the Secretary of State to make a final decision upon entitlement to Universal Credit.
    7. Any recommendations given below does not form part of the Tribunal's decision and it not binding on the Secretary of State. The Tribunal recommends that the Department does not reassess subject within 24 months from todays date.
    My questions are these :-
    1) How long will this take to be implemented?
    2) What date are they backdating the money to?
    3) Also how much are we talking about, how do they work it out?
    There are probably questions that i havent asked as i dont know what they might be, hence the needing guidance and advice, and thankyou in advance for any you can give me
Page 1
    • Alice Holt
    • By Alice Holt 5th Jul 18, 10:41 AM
    • 2,406 Posts
    • 2,795 Thanks
    Alice Holt
    • #2
    • 5th Jul 18, 10:41 AM
    • #2
    • 5th Jul 18, 10:41 AM
    I am assuming the hearing concerning a UC claim, and related to a decision made in 8/3/17, and that the tribunal have placed you in the LCWRA group

    In which case you should receive an additional c. 328 a month backdated to March 2017.A back payment of c.4,900.
    https://www.turn2us.org.uk/Benefit-guides/Universal-Credit/Additional-Elements-of-Universal-Credit

    How long will this take to be implemented?
    My guess would be 6 weeks or so. There is a very knowledgeable poster on UC here - Huckster - who may be able to give a better estimate.
    I would suggest making a note of the decision on your journal, so that your work coach is aware of your changed commitment group.

    https://www.turn2us.org.uk/Benefit-guides/Universal-Credit/Claimant-Commitment-Conditionality
    Last edited by Alice Holt; 05-07-2018 at 10:47 AM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Jemeranda
    • By Jemeranda 5th Jul 18, 11:17 AM
    • 6 Posts
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    Jemeranda
    • #3
    • 5th Jul 18, 11:17 AM
    • #3
    • 5th Jul 18, 11:17 AM
    Thank you so much for your reply Alice its most appreciated, as i had no idea what the procedure was after this occurred. How do i go about contacting Huckster as you've mentioned? I put on my journal that " went to tribunal at magistrate's court on tuesday 19th june, result was appeal is allowed now awaiting to be updated on system " does this sound okay or do i put additional information on the system
    Last edited by Jemeranda; 05-07-2018 at 11:43 AM. Reason: mispelling
    • Alice Holt
    • By Alice Holt 5th Jul 18, 12:10 PM
    • 2,406 Posts
    • 2,795 Thanks
    Alice Holt
    • #4
    • 5th Jul 18, 12:10 PM
    • #4
    • 5th Jul 18, 12:10 PM
    I put on my journal that " went to tribunal at magistrate's court on tuesday 19th june, result was appeal is allowed now awaiting to be updated on system " does this sound okay or do i put additional information on the system
    Originally posted by Jemeranda
    That's good.
    I would add that you have been placed in the LCWRA group (just double check that the tribunal decision notice does say this).
    i.e 3. Has limited Capability for Work Related Activity.
    (The other group is LCW )

    I'd suggest including UC in the title of the post - that might prompt huckster to look at your post.
    Use the advanced editing button.

    Well done on winning your appeal.
    Last edited by Alice Holt; 05-07-2018 at 12:12 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Jemeranda
    • By Jemeranda 5th Jul 18, 12:47 PM
    • 6 Posts
    • 0 Thanks
    Jemeranda
    • #5
    • 5th Jul 18, 12:47 PM
    • #5
    • 5th Jul 18, 12:47 PM
    Hello again Alice,
    I received a letter this morning from the DWP which was their Reconsideration Decision which goes as follows :-
    "As a result of the appeal tribunal outcome on 19 June 2018, we have looked again at the decision we sent on 8 March 2017.
    We have taken into account all the information available.
    We have changed our decision and this is detailed below.
    The Judge noted that by reason of severe left L5 nerve root pain and spinal stenosis, you were significantly limited, in particular in the above activities. As a result the above Schedule 6 & 7 descriptors are satisfied.
    In view of the above Tribunal decision, you are considered to have LCWRA from 19 May 2016. You provided medical evidence on 22 January 2016 to state that you were not fit for work and the "relevant period" of three months was therefore from 22 January 2016 to 21 April 2016. The date of 21 April 2016 falls within the assessment period 19 April 2016 to 18 May 2016.
    The award of LCWRA is therefore made from the start of the next assessment period which is 19 May 2016.
    A review should be carried out after 19 June 2020."
    Does this mean it is backdated to this date at the amount you mentioned 328, again your knowledge would be invaluable
    • Alice Holt
    • By Alice Holt 5th Jul 18, 1:00 PM
    • 2,406 Posts
    • 2,795 Thanks
    Alice Holt
    • #6
    • 5th Jul 18, 1:00 PM
    • #6
    • 5th Jul 18, 1:00 PM
    Yes, looks like it.

    Backdate - "you are considered to have LCWRA from 19 May 2016".

    Was this your first claim, and not a renewal?
    In which case it will be backdated to the 14th week after you lodged your claim i.e 19/5/16 at c.328 pm.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Jemeranda
    • By Jemeranda 5th Jul 18, 1:09 PM
    • 6 Posts
    • 0 Thanks
    Jemeranda
    • #7
    • 5th Jul 18, 1:09 PM
    • #7
    • 5th Jul 18, 1:09 PM
    Yes this was my first claim on this date as per the letter i received today
    • Jemeranda
    • By Jemeranda 9th Jul 18, 9:14 PM
    • 6 Posts
    • 0 Thanks
    Jemeranda
    • #8
    • 9th Jul 18, 9:14 PM
    • #8
    • 9th Jul 18, 9:14 PM
    A quick question for you Alice, how do i find out when they will be putting this backdated money in to my account
    • venison
    • By venison 9th Jul 18, 9:31 PM
    • 2,352 Posts
    • 2,584 Thanks
    venison
    • #9
    • 9th Jul 18, 9:31 PM
    • #9
    • 9th Jul 18, 9:31 PM
    The money will often appear in your account a few days before you receive the letter telling you it has, if you want a better idea maybe a quick call to them?
    Former Board Guide
    • Jemeranda
    • By Jemeranda 9th Jul 18, 9:48 PM
    • 6 Posts
    • 0 Thanks
    Jemeranda
    Will do that, and thank you soo much once again, you're awesome
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