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WCA appeal
I am currently helping a client with a work capability assessment appeal.
He had an accident which meant that he was not able to work in August 2020. He completed the UC50 in Sept 2020 and had a telephone assessment in October 2020. No decision was made (DWP say because all WCA decisions were suspended due to Covid). He then had another telephone WCA in October 2021 - where he was found fit for work.
When considering whether he fulfilled the criteria what period will the tribunal be looking at - just around the date of the decision, or will they take into account his condition during the previous year as well?
His condition has changed - I would argue that he still fulfills the criteria for LCW, but for a significant period after the accident I would have said that he fulfilled the criteria for LCWRA - certainly around the time of the first assessment and at least 6 months after that.
Thanks in advance
It will be based on the situation at the decision date.
Swings and roundabouts really as some people will have a stronger case as a result of the delay and others will have recovered to an extent.
Thanks Elliot
Thought as much but wanted to check