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UC appeal. difficulty providing evidence.
- Annalise
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2 years 2 months ago #274817 by Annalise
UC appeal. difficulty providing evidence. was created by Annalise
After a long process I am finally awaiting a hearing date for my WCA appeal. I received a text asking me to submit any evidence asap. My issue is that I suffer from a rare neurological condition with no cure and very limited treatment options, it really is a case of shut up, put up and suffer. In addition I'm almost housebound and avoid as much contact with anyone as possible (to the extent it causes me many issues) I don't see my GP or specialists regularly, I dont take medication or have any to be reviewed etc (my treatment is high flow home oxygen and I havent had to deal with it since it was prescribed and arranged originally).
So my question is, what on earth can I provide? I really cannot think of anything at all.
So my question is, what on earth can I provide? I really cannot think of anything at all.
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- Gary
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2 years 2 months ago #274831 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC appeal. difficulty providing evidence.
Hi Annalise
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
If you have a rare condition it can be very hard to give supporting evidence, what I usually do is check on the internet to see if there are any supporting websites for your condition, I then download any supporting documents that explains how the conditions affects the individual and send that in.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
If you have a rare condition it can be very hard to give supporting evidence, what I usually do is check on the internet to see if there are any supporting websites for your condition, I then download any supporting documents that explains how the conditions affects the individual and send that in.
Gary
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- LL26
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2 years 2 months ago #274847 by LL26
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Replied by LL26 on topic UC appeal. difficulty providing evidence.
Hi Annalise,
I definitely agree with Gary about sending off a relevant factsheet. Write a letter. Start off giving more about your condition as an overview. Eg how/when you were diagnosed, general effects of the condition, refer to the factsheet and explain that you have the same typical symptoms etc. List surgery or other treatments and explain their success or otherwise. Explain about the oxygen- if this means you have to be 'attached' to a source at home explain this, and the limitations of this. Presumably there was an assessment for home oxygen, if this means you can't do certain things explain this too. I know you wouldn't be allowed naked flames etc so there could be safety risks but I don't know how this would affect WCA activities. Explain this if relevant.
Then discuss each descriptor activity that applies and say why you can't do it, explain why and give examples if what goes wrong etc if you try - maybe it takes a long time, or is very painful. The WCA test is supposed to represent tasks that would need to be done across a whole work day or are needed to attend work, such as being able to mobilise round the office to get in the door, to the canteen or toilet etc. Think about your ability to do a task several times as might be required if you were working.
Fatigue is relevant and shoukd be mentioned particularly if it would make you unable to repeat the task more than once or twice. Pain may also be relevant. Confusion/poor thought processes may be relevant to mental health descriptors.
There is a catch all that allows you not to have to work or work and do work related activity. If there is a substantial risk to your health or someone else's if you were deemed able to work and/ or do work related activity. This could comprise increased fatigue, stress, pain, increased hand tremble more stumbles etc on a cumulative basis. It can also include the effect of having to get to work or an interview, which could be relevant if you can't use public transport, or getting in a car is precluded etc. Being attached to oxygen might be relevant here too. (I guess there could be safety risks using oxygen where there are others and potential fire risks etc )
Make sure you clearly label all pages with full name and NI number.
The members guides will help you write about each descriptor.
I hope this helps.
Let us know how you get on.
Good luck!
LL26
I definitely agree with Gary about sending off a relevant factsheet. Write a letter. Start off giving more about your condition as an overview. Eg how/when you were diagnosed, general effects of the condition, refer to the factsheet and explain that you have the same typical symptoms etc. List surgery or other treatments and explain their success or otherwise. Explain about the oxygen- if this means you have to be 'attached' to a source at home explain this, and the limitations of this. Presumably there was an assessment for home oxygen, if this means you can't do certain things explain this too. I know you wouldn't be allowed naked flames etc so there could be safety risks but I don't know how this would affect WCA activities. Explain this if relevant.
Then discuss each descriptor activity that applies and say why you can't do it, explain why and give examples if what goes wrong etc if you try - maybe it takes a long time, or is very painful. The WCA test is supposed to represent tasks that would need to be done across a whole work day or are needed to attend work, such as being able to mobilise round the office to get in the door, to the canteen or toilet etc. Think about your ability to do a task several times as might be required if you were working.
Fatigue is relevant and shoukd be mentioned particularly if it would make you unable to repeat the task more than once or twice. Pain may also be relevant. Confusion/poor thought processes may be relevant to mental health descriptors.
There is a catch all that allows you not to have to work or work and do work related activity. If there is a substantial risk to your health or someone else's if you were deemed able to work and/ or do work related activity. This could comprise increased fatigue, stress, pain, increased hand tremble more stumbles etc on a cumulative basis. It can also include the effect of having to get to work or an interview, which could be relevant if you can't use public transport, or getting in a car is precluded etc. Being attached to oxygen might be relevant here too. (I guess there could be safety risks using oxygen where there are others and potential fire risks etc )
Make sure you clearly label all pages with full name and NI number.
The members guides will help you write about each descriptor.
I hope this helps.
Let us know how you get on.
Good luck!
LL26
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The following user(s) said Thank You: SUE C C
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- Annalise
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2 years 3 days ago #276340 by Annalise
Replied by Annalise on topic UC appeal. difficulty providing evidence.
Thank you, I did go through each descriptor but it was specifically evidence I struggle with I was specifically told information sheets and generally available information was not to be included. I have since been awarded LCW. I asked for MR and have since appealed but STILL have not been able to get a copy of my assessment transcript.
My hearing is in less than a week and I'm trying to make a last ditch attempt to find evidence to include. I think my problem is that I tried to be too clear/honest and instead of my worst day I answered each with during an attack in affected this way/between attacks another way/and finally during my best days where I have a few days without attacks I can do a third answer and the assessor seems to have only used the third answer which account for less than 10% of the time (probably less than 5% really)
I cant argue LCWRA on any of the related descriptors but the substantial risk is painfully obvious (Im homeless because of my inability to do the 'easiest' examples of work related activity like keeping on top of money and responding to an email and have no representation for the hearing for the same raeasons) but I cannot find a way to make this clear.
Can anyone point me to any examples please?
My hearing is in less than a week and I'm trying to make a last ditch attempt to find evidence to include. I think my problem is that I tried to be too clear/honest and instead of my worst day I answered each with during an attack in affected this way/between attacks another way/and finally during my best days where I have a few days without attacks I can do a third answer and the assessor seems to have only used the third answer which account for less than 10% of the time (probably less than 5% really)
I cant argue LCWRA on any of the related descriptors but the substantial risk is painfully obvious (Im homeless because of my inability to do the 'easiest' examples of work related activity like keeping on top of money and responding to an email and have no representation for the hearing for the same raeasons) but I cannot find a way to make this clear.
Can anyone point me to any examples please?
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- Gary
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2 years 2 days ago #276366 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC appeal. difficulty providing evidence.
Hi Annalise
You say that your hearing is in less than one week, I assume you are talking about a Tribunal hearing.
You should have been sent a bundle of documents from the DWP, within the bundle of documents there should be the assessors report called a UC85, if you had a face to face assessment or telephone assessment.
You stated in your first post that your condition is rare, I would try and find a factsheet as mentioned by LL26 on your condition, make three copies if you have a face to face Tribunal and hand them in when you attend. I would also highlight any relevant paragraphs you would want the Tribunal to see
You state that you are homeless, how do you get your post, is it sent to a care off address?
Gary
You say that your hearing is in less than one week, I assume you are talking about a Tribunal hearing.
You should have been sent a bundle of documents from the DWP, within the bundle of documents there should be the assessors report called a UC85, if you had a face to face assessment or telephone assessment.
You stated in your first post that your condition is rare, I would try and find a factsheet as mentioned by LL26 on your condition, make three copies if you have a face to face Tribunal and hand them in when you attend. I would also highlight any relevant paragraphs you would want the Tribunal to see
You state that you are homeless, how do you get your post, is it sent to a care off address?
Gary
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- Annalise
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2 years 1 day ago #276383 by Annalise
Replied by Annalise on topic UC appeal. difficulty providing evidence.
Thanks for replying, to answer your questions.
Yes I mean a tribunal hearing, its on Wednesday 25th
Ive checked the bundle and I do have that, I didnt realise it was just a report as I was advised to ask for the transcript and expected the conversation written out almost like a screenplay. I also missed the report initially as a lot of it is blank and what is there is so inaccurate I didnt recognise what it was.
I have lots of factsheets etc so will highlight some up, thank you.
I have been put into temporary accommodation I thought everyone had this address (the bundle was posted here) but we only found out about the hearing when one of my older daughters visited from uni and tried to help send in evidence for me. when she logged in she saw a hearing had been set and after clicking around a bit she found our old address. The hearing is also at a court in that other area so I guess it was never updated there somehow. I emailed the contact us email address about this on the 19th but havent heard back.
Yes I mean a tribunal hearing, its on Wednesday 25th
Ive checked the bundle and I do have that, I didnt realise it was just a report as I was advised to ask for the transcript and expected the conversation written out almost like a screenplay. I also missed the report initially as a lot of it is blank and what is there is so inaccurate I didnt recognise what it was.
I have lots of factsheets etc so will highlight some up, thank you.
I have been put into temporary accommodation I thought everyone had this address (the bundle was posted here) but we only found out about the hearing when one of my older daughters visited from uni and tried to help send in evidence for me. when she logged in she saw a hearing had been set and after clicking around a bit she found our old address. The hearing is also at a court in that other area so I guess it was never updated there somehow. I emailed the contact us email address about this on the 19th but havent heard back.
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