LCWRA refused

Hi mods,

Is there any stage I can go ahead of this or was this the final nail in the coffin? I've replaced my name with "The Claimant"

1. The appeal is refused.
2. The decision made by the Secretary of State on 05/06/2023 is confirmed.
3. The Claimant continues to have limited capability for work but does not
have limited capability for work-related activity and cannot be treated as having
limited capability for work-related activity.
4. This is because no descriptor from Schedule 7 of the Universal Credit (UC)
Regulations 2013 applied. Schedule 9, paragraph 4 did not apply.
5. The Secretary of State has accepted that The Claimant has limited
capability for work. This was not in issue.
6. Whilst the tribunal accept The Claimant has limited capability for work and scores
15 points under activities 15c and 16b, the tribunal did not find limited capability for
work related activity. The Claimant had already engaged in some of the activities he
might be expected to do in the work-related activity group, such as engaging with
CBT and Talking Therapies.
7. No party has objected to the matter being decided without a hearing.
8. Having considered the appeal bundle to page digital 400 and the requirements of
rules 2 and 27 of the Tribunal Procedure (First-tier Tribunal)(Social Entitlement
Chamber) Rules 2008 the Tribunal is satisfied that it is able to decide the case in
this way

Im trying to figure out a way around this as the only CBT and talking therapies I've done have been one on one and never group related activity as it's just too much for me. This has got me in such a state now worrying about how I'm going to cope being forced into a situation where I have to travel and where I have to be involved with groups, the sheer thought of it has me feeling like I don't know where I can turn .

Chris

The first thing is to park Activity 15 as it does not have an LCWRA/Support Group Descriptor.

The relevant descriptor for Activity 16 is

16 (a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.

Whilst you may be able to argue that "always" does not mean 100% of the time, the standard you will need to meet will still be very high and much more than 50% of the time, 80% perhaps even 90% of the time.

Secondly, you will need to show significant distress, probably along the lines of the PIP "overwhelming psychological distress", as an example; a fundamental inability to engage in a conversation with someone else in a social situation due to the stress it would cause you.

All that said, this is a Decision by a Tribunal and your only way forward is via an Error of Law or your reporting a Change of Circumstances. The latter does have the advantage of you being able to provide new testimony, perhaps more in line with your problems than you originally submitted but conversely, it does require that a new assessment is done, you will also need to show a change has actually occurred.

Gordon

Hi Gordon,

Thank you for this - I'll see if I can get someone to help with this because it's out my scope of knowledge.

Regards, Chris.

Hi AA,

I totally agree. I've used them for over 30 years, and not really found them much use other than when I was in my actual appt. I struggle to implement the coping mechanisms they've shown me.

Regards, Chris.