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Help Needed with ESA Appeals Nighmare
- Timothy
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2 years 3 months ago #274247 by Timothy
Replied by Timothy on topic Help Needed with ESA Appeals Nighmare
Hi Gary
Thank you for your reply but unfortunately I am still confused. At my WCA medical in 2017 I scored 0 points after passing numerous WCA medicals over previous years. At my FTT appeal 1 year later in 2018 I scored 24 points, the Judge said that “I’d won the appeal, I would go back on what I was before (I was on LCWRA) and any monies backdated to me”. I didn’t look at the papers he’d given me at the time because he said “I’d won the appeal…” etc. It was only later I found out that he’d actually put me in LCW and not back into LCWRA. After appealing to the UTT they couldn’t come to a decision and said that the Judge had erred on law (as the judge at the FTT didn’t give me a list of jobs that I was capable of doing) so I’m now going for another FTT next week. Assuming I score 24 points again, how do I actually get myself or what do I have to do to get back into LCWRA?. Having already scored 24 points (and I had a current Fit note) at the last FTT was it because I scored 6 points in 4 descriptors and not 15 points in at least 1 descriptor?.
Or was it because that the Judge thought that I was capable of doing something/some kind of work on more than a daily basis so it was his decision not to place me back in LCWRA?.
Thanks in advance once again
Thank you for your reply but unfortunately I am still confused. At my WCA medical in 2017 I scored 0 points after passing numerous WCA medicals over previous years. At my FTT appeal 1 year later in 2018 I scored 24 points, the Judge said that “I’d won the appeal, I would go back on what I was before (I was on LCWRA) and any monies backdated to me”. I didn’t look at the papers he’d given me at the time because he said “I’d won the appeal…” etc. It was only later I found out that he’d actually put me in LCW and not back into LCWRA. After appealing to the UTT they couldn’t come to a decision and said that the Judge had erred on law (as the judge at the FTT didn’t give me a list of jobs that I was capable of doing) so I’m now going for another FTT next week. Assuming I score 24 points again, how do I actually get myself or what do I have to do to get back into LCWRA?. Having already scored 24 points (and I had a current Fit note) at the last FTT was it because I scored 6 points in 4 descriptors and not 15 points in at least 1 descriptor?.
Or was it because that the Judge thought that I was capable of doing something/some kind of work on more than a daily basis so it was his decision not to place me back in LCWRA?.
Thanks in advance once again
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2 years 3 months ago #274273 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Help Needed with ESA Appeals Nighmare
Hi Timothy
To be placed the LCWRA/support group, not only do you have to get 15 points or more, (this places you in the LCW group) you then have to pass the second test which is not based on points but descriptors.
You need to look at our guides for the descriptors, from page 21; www.benefitsandwork.co.uk/guides-for-claimants/esa
Gary
To be placed the LCWRA/support group, not only do you have to get 15 points or more, (this places you in the LCW group) you then have to pass the second test which is not based on points but descriptors.
You need to look at our guides for the descriptors, from page 21; www.benefitsandwork.co.uk/guides-for-claimants/esa
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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