UC LCW Appeal

Hi there,

I have submitted an appeal and have received the pack from dwp. I'm in the process of sorting through that and collating and submitting evidence to HMCTS.

Your guides are proving very helpful! I wanted to ask about and clarify this page from your guide....page 13 of your 43 page guide Employment and Support Allowance and Universal Credit Mandatory Reconsiderations and appeals guide July 2022.

As the MR did not go in my favour, does this mean that I should have received a telephone call from the decision maker?

Upon receiving the pack from the DWP, I can now see that the UC113 sent back to them from my GP surgery is blank. The surgery just sent back a computer printout of my medical history up to 2014. Hence my current medical condition, which severely affects my capability to work and was diagnosed in Feb 2020, was not listed. I managed to meet with my GP yesterday and she said none of the GPs at the surgery fill out the UC113 due to time constraints. Their policy is to just send back a medical history print out. She blamed their antiquated computer system for the error of the printout not including my current medical condition. She has given me an up to date printout which I will submit to HMCTS.

Although it was an error of my GP, I also believe it was remiss of the HCP who did my WCA and the DWP decision makers to not question this. My UC50 focusses solely on my current condition and how it affects me. Surely it should have rung alarm bells that my current condition was not listed in my medical history and that my medical history printout only went to 2014 which was 8 years ago!

I suppose my point is, if the HCP or either of the decision makers had questioned me on this then I would have realised much earlier in in the process that there had been an administrative error. Should I have received a phone call from the DM following the MR as per your guide?

N.B. Straight after the MR I did request copies of all of the evidence they based their decision on, including GP reports/UC 113. They did not send me this. I asked twice. It is only now that I am appealing that I have had access to this information.

Many thanks, Nik.