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2nd WCA lca to lcwra

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1 year 8 months ago #280002 by Anita
Replied by Anita on topic 2nd WCA lca to lcwra
Hi
Thank you for that.
I hope below helps.

The PIP form submitted 17th June 2022. decision after MR was in September. The PIP appeal was applied for mid December.
The UC WCA was 5th December put in LWC group a week later.
19th December I'd requested a copy of the assessment report and points allocated. It was never sent to me.

20th December I had a call from DWP telling me I could get extra points therefor lowest daily living allowance. I don't leave my house alone due to trauma and fear. He said I would not get points for that and only 4 points for mobility issues. I asked if he could send all this to me in the post because I want to show it to my support worker. I'm still waiting.


In between I received the Tribunal bundle with the December WCA in it. This is the first time I have seen it. In the bundle DWP are saying that no information outside of May to September can be used, yet they refer to WCA completed in December.

My SSP ended 12th Jan. I applied for ESA on 9th January.
13th January awarded ESA.
6th February WCA MR failed.
9th March approx I returned the ESA50 form.
April, WCA took place.
14th April put in the Support group.
Still waiting for PIP Tribunal date.

I hope this helps clarify a timeline.

Thank you

Regards
Anita

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1 year 8 months ago - 1 year 8 months ago #280010 by Gordon
Replied by Gordon on topic 2nd WCA lca to lcwra
Anita

The LCW report obviously post dates the PIP Decision but when was this actually made, you refer only to the MR Decision in your latest post?

Either way, I would include a letter with your appeal submission asking for the WCA report to be excluded from the panel's deliberations on the basis that it was not available to the Decision Maker when the PIP Decision was made and therefore could not form part of the documentation used by the DWP for that Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 8 months ago by Gordon. Reason: spelling

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1 year 7 months ago #280038 by Anita
Replied by Anita on topic 2nd WCA lca to lcwra
Hi
I have said PIP decision was in September. Looking through my text messages, 1st September was when they made the 1st decision, then again, 5th September. For some reason I have now forgotten, another reconsideration was done in October. This why I'm asking if I can use information on the 2nd WCA carried out in April. If they can use December's assessment, I should be able to use April's assessment? I'm sorry, this all sounds so childish.

I requested both assessments 2 weeks, ago. i was told 7 working days which would be Thursday, and I'm still waiting. Called DWP yesterday who said more likely a month. She also said that WCA make the decision not DWP. I called WCA they said they don't have any paperwork for me as it was all sent back to benefits. It's a blooming nightmare!

Regards
Anita

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1 year 7 months ago #280065 by Gordon
Replied by Gordon on topic 2nd WCA lca to lcwra
Anita

I dealt with the WCA report in my previous post.

You can submit the new one if you wish but I fully expect it to be excluded by the Tribunal as it post-dates the Decision by some time.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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