UC WCA Face to face appeal hearing

Hi everyone,

I just wanted to thank you all for your kind words and tips. I wanted to update you all regarding my hearing: I won!

I will write a detailed summary of what happened - maybe it will help others.

But I wanted to check a few things.
So I applied for UC in April 2020. Gave three months sick note immediately. August 2020, I completed UC50 form and sent back. Had telephone assessment on 01/09/2020. They wanted a face to face so they did not make a decision. I kept sending sick notes. A year later, on 03/09/2021, I had another telephone assessment as I complained that the decision has been delayed for too long. This was followed by refusal in October 2021. I then submitted MR which was also refused then appeal. I have won the appeal today for LCWRA. With recommendation not to be re assessed for 24 months.

I believe that LCWRA means additional payment. Will that be backdated to my first assessment? So first telephone assessment was on 01/09/2020 until now? Or I will just receive the additional amount from the day I won the appeal i.e today?

Also, will they give my wife the carers element of UC and will that be back dated as well? We have a joint UC claim and she got a hearing letter as well to attend the appeal.

The decision letter does not mention anything regarding backdating. But the judge said that any backdating and payment adjustments will be dealt with by UC.

I will post a more detailed summary of the day and happenings another time. I need some rest! I am happy but I have so much pain, the worst headache and just totally exhausted!

Thanks again to all of you and this amazing website. Totally worth subscribing.

Hi Gary,

Yes, it is fantastic. But not so fantastic news today. Does it ever stop with DWP?

I did get PIP until October 2021. Basically I applied back in 2020 and was refused. But in January 2021 was awarded at the MR stage. October it ended and I called to see if I would be given a review. The lady said it has stopped because my visa has ran out and if I can send proof that I have re applied for a renewal then I would have continuation of leave until visa decision is made (100% it will not be refused tho). My solicitor (for visa) wrote a letter and proof of application and I sent it to DWP as the lady on the phone instructed (December 2021). I kept calling and they said they were making a decision regarding to reinstating it. Today, I received a MR letter from them saying ‘they have received further evidence for decision 11/2020’ (date when my original PIP was refused but subsequently awarded at MR on Jan 2021) and ‘we are not able to change the decision. You must make an appeal directly to her…..’

It says your appeal must be in writing and a full copy of your MR notice we sent you on Jan/2021 must accompany it. This MR notice they are talking about is where they changed their decision and awarded me PIP.

I am so confused. They have not actually mentioned why they have decided against re-instating it. Is it the visa, is it medical conditions?… nothing has changed in my situation. They have not assessed me nor asked if my conditions have changed. To be honest I did not even ask for another MR. I only called to request a review form and the lady said one has not been sent because of the visa thingy but that if I have re applied then the law says I am still eligible until refused (which would not happen). This part about limited leave and continuation of leave is in the ADM chapter C2 of PIP?

I am really not sure. Do I call them and request a full statement of reasons? Do i call them and say I think there is a mistake? Do I go ahead with the appeal? I just finished one!!!

I am so tired.

As for the UC carers element. They say my wife never reported a change that she has been caring for me. When we claimed in April 2020 - she said it. She kept saying it to them when they called every couple of weeks. The evidences (GP, specialists reports, PIP etc) all mention her as my carer. The say she has to now report the change and input the start date and send her reasons for late report of change. If the DM accepts then it will be backdated and if not then it won’t, I presume.

Honestly, as when we initially claimed we said it all, and she was already caring for me. We never realised we had to complete a separate form and declare it via UC. I wonder if that would be a good reason…

I just cannot believe all this hassle. I really thought I would get a break and just deal with my upcoming treatment.

I be posting my tribunal experience tonight.

In the meantime, any tips/thoughts regarding the PIP situation would be appreciated!

Hi Everyone,

I wanted to write about my tribunal experience in hopes that it may help others. Most of my problems are physical and long standing. It limits my mobility and I am in pain everyday. This was my first time doing a WCA and appealing, so I have very limited experience and knowledge (thank god for this site!).

I got the hearing letter a couple of weeks before, so plenty of time to change date of hearing or send over more information. I also checked out the venue/parking availability to make sure I had good access. I got there half an hour before (driven by relative) and then entered the entrance which had 4 steps before you got to security. The day before, I got a call from the venue as the lift from the entrance to the ground floor was not working. But as it was 4 steps only, I felt I could manage with my wife’s help. After security, we were led to waiting room. 10 minutes before the hearing the clerk came over and explained what was going to happen and who will be in the room. The judge, a doctor, the clerk and DWP representative (on a video call).

It was a like an office with a conference table. Me and my wife sitting opposite the judge and doctor. The judge and doctor were lovely! They said hello and smiled and because they could see I was in pain, told me to take as much time as I need and sit/stand however I wanted. They began by introducing themselves and told us how the tribunal would go. The judge clearly said that they had read the case fully and were aware of everything. That the point was not to argue/discuss but to clarify. She said first a little bit of benefit history from the DWP and I would get the to respond if I agreed or not. This was my first time claiming benefit (apart from PIP) doing WCA etc. She then went on to say that the doctor will be asking me some questions. She asked about last time I went shopping, treatments, asked me to explain how I went to hospital (tell her how far from entrance to clinic room it was etc), asked me what I did at home when I woke up, how I got here today etc. She asked a lot and she was thorough. If I did not answer or digressed, she would bring it back to the focus point. Although, at no point she was rude, she had a poker face but looked very calm. I was then questioned by the DWP on some of what the assessors had said which were inaccurate. I said so and which parts. The DWP made a comment regarding some detail about an evidence I submitted dated after the forms filled but before the telephone assessment. The judge interrupted and said this was not their concern and that it was about the day I was assessed. The DWP tried to continue and I tried to answer but the judge was not having any of it and told me I do not need to answer or find the evidence in my bundle as the question is not relevant. She then went to talk about medication dosage being low. At this point my wife jumped in and quite sternly corrected her and then directly asked the judge ‘Could I have my turn to speak now, please?’ (Go wife!!). Judge was fine with that and my wife pointed out some inaccuracies in the assessor’s report and made her statement as my carer (she had had also written a statement with the disputed areas of the DWP response and sent to the tribunal beforehand). The judge then said it was finished and I asked her if they would make a decision that day. They said yes and that I could wait in the waiting room and my wife could come back. After 10 minutes, my wife was called and she returned with the decision: the appeal was allowed.

It took 1 hour from getting there to leaving. I just wanted to say to anyone: do not be afraid of a face to face. It really is a great opportunity to have your say. I would say that the first question out of the doctor’s mouth is ‘has your condition gotten better, worse or the same as the day of your assessment’ and I answered ‘the same’. I would recommend you do the same even if you have gotten worse just to make it a little bit easier for yourself.

I really could not believe how compassionate the judge was.

I really hope this help you if anyone has an upcoming tribunal. If there are specific questions, I am happy to answer them