Universal Credit - LCW - Tribunal case law? — Scope | Disability forum
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Universal Credit - LCW - Tribunal case law?

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  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    @louangel311 Hello and welcome to the community, I am a community champion here. I' sorry I am unable to advise on your specific question, I have been through a UC WCA tribunal but I don't know what regulations are used to make decisions. I'm sure someone on here will be able to advise you. I wish you luck with your assessment and hopefully it wont come to tribunal. 
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    HI and welcome,

    The WCA for UC is the exactly the same as it was for ESA. Just so that others are not confused the PIP assessment is not a work capability assessment.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • [Deleted User]
    [Deleted User] Posts: 0 Courageous
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  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    I don't know anything about case law, sorry. Although this will only apply at a Tribunal and as it's the assessment process at the moment, i'd advise you to concentrate on which group you think you should be placed into and your reasons why. I know you said you've always had to take it to Tribunal but this time could be different.

    Good luck.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • [Deleted User]
    [Deleted User] Posts: 0 Courageous
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  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    You're welcome. I totally understand how difficult it is to put your last WCA assessments to the back of your mind. Concentrating on this one and you'll have a better chance this time. Please also remember that the PIP assessments are not WCA.

    Do you know the reason why you were placed into the group you're in now? if that reason or reasons still apply then concentrate on those.

    When i last had a WCA i knew i'd previously been placed into the Support Group through the mobilising descriptor so this is what i concentrated on. As it includes using a self propel wheelchair as well then i made sure i covered the reasons why i can't self propel as well at the reasons why i'm unable to walk the required distance unaided. I gave real life examples too, which really helped me. I was kept in the group for exactly the same reason as always.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • [Deleted User]
    [Deleted User] Posts: 0 Courageous
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  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    You're welcome,

    Thanks for explaining that. It maybe that substantial risk applies to you, as most people with mental health qualify under this. Unless you scored points in other descriptors for LCW, which is also possible.

    Anyway, good luck this time and i hope that once a decision is made, it's the correct one this time.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • [Deleted User]
    [Deleted User] Posts: 0 Courageous
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  • Joanne_Alumni
    Joanne_Alumni Scope alumni Posts: 188 Pioneering
    Hi @louangel311,

    You are right that there is very little case law at the moment but there is some on the RevenuesBenefits website if you want to have a read through it.
    As you have a legal background you may find it useful to look at the guidance for HCP's who are carrying out the WCA. 
    I hope you don't need it but if you have to go to appeal there is some useful information in there and links to the regulations.
    Joanne 
    Scope
  • [Deleted User]
    [Deleted User] Posts: 0 Courageous
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  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • [Deleted User]
    [Deleted User] Posts: 0 Courageous
    The user and all related content has been deleted.
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    You're very welcome.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Joanne_Alumni
    Joanne_Alumni Scope alumni Posts: 188 Pioneering
    @louangel311,
    Sorry, I should have put the link in!
    Thanks @poppy123456 :)
    Joanne 
    Scope

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