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Where can I get help to do an appeal for LCWRA in Brighton please?

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7 months 1 week ago #289415 by Janewyn
Hi all :-)

I had my in-person assessment in January and was deemed LCW. However, I was lead to believe by the JCP disability advisor that I should be on LCWRA because of mental health issues - life long Complex PTSD, misophonia (which makes most environments intolerable), and other stress-related physical ailments such as psoriasis and IBS.

I asked for mandatory reconsideration, which, of course, came back with the same decision. I now want to appeal. I'm really, really struggling to read the reports written by you guys (part of my array of problems is not being able to do "deep work" anymore). I'm wondering if I'd be better off paying someone for advice and help. I've only got until 11th April to get my appeal lodged and I'm a bit confused by what needs to be done at this stage, and what can wait e.g. getting evidence from doctor, friends etc.

So my questions are:
  1. Does anyone know anyone virtually or in Brighton who can help me
  2. What's the minimum I have to get done to lodge my appeal

TIA,
Jane

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7 months 1 week ago #289419 by Chris
Hi Janewyn,

Although I'm nowhere near Brighton, I have been (and still am going through) the same situation. I was placed in the LCW group, despite meeting the 15 points for certain descriptors to be placed in the LCWRA group, and I have been knocked back right up until the upper tier tribunal stage, with them telling me that no error of law has been made. As to whether, the DWP are trying to have people stopped being placed in this group, I've no idea, but I am quite suspicious of it. So, you're not the only one who is experiencing this :(

I have checked online and all I can see is the following link below that may have someone or someplace you can go that could help. I have tried my own MP, but was told that they can't get involved in matters that relate to benefits (whether this is the same for all, I've no idea).

www.brighton-hove.gov.uk/benefits-and-fi.../your-welfare-rights

Hopefully someone can help you.

Regards, Chris.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KimABT, Janewyn

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7 months 6 days ago #289658 by Janewyn
Thank you Chris. I have sent BHCC an email.

To board staff: I'm a little disappointed that no members of the team seem to have replied to this request for help. I would have thought there would be someone who could easily answer my questions?

Help!

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7 months 6 days ago #289666 by Gordon
J

I'm sorry but as an answer was provided your post would no longer be highlighted to the other Mods.

To make an appeal.

You usually have one month from the date of the Mandatory Reconsideration Notice to lodge your appeal with the Tribunal Service, however, you can make a Late appeal up to 13 months from the date providing your reasons for the delay are accepted.

To make the appeal you need to either complete the online form

www.gov.uk/appeal-benefit-decision/submit-appeal

or complete and submit an SSCS1 form

assets.publishing.service.gov.uk/media/6.../SSCS1_0821_save.pdf

In simple terms, you need to provide details of who you are, what Decision you are appealing and why. At this point, you do not need to go into detail as to why you think the Decision is incorrect, just your basic reasons.

Once your appeal is accepted you can provide detailed testimony and evidence but wait until you have received the DWP's submission so that you understand all the aspects of their Decision.

Your submission must be with the Tribunal Service no later than two weeks before your hearing, the exception to this is if you request a Paper hearing, which you will not attend in which case your submission must be with the TS within one month of the date on the DWP's submission.

There are guides to appealing in the PIP area, even though you are struggling to read these it is well worth the effort.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KimABT

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7 months 5 days ago #289673 by KimABT
From all the resources on here I focus on one thing - how the illness ( for example COPD) affects you rather than knowing medical terms in detail, that's why a good doctor is so important, the assessing Health Care Professionals often aren't doctors. Civil servants go by ticking boxes not medical school so just focus on how the conditions you have impact on your ability to engage in what's considered "ordinary life". Then we have to get ready for other's interpretations of what we've said!

I'm waiting for the outcome of a review sent back ( by recorded delivery) in early November 2023. Had to hand write it all which I found hard due to stiff hands, in the end I was so very tired of it I just sent it on without checking my spelling. I thought - this has to come from the gut. I'm getting myself ready for the report of the phone interview - then MR - the tribunal.
The following user(s) said Thank You: denby

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