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PCA for IB - does this make sense?
- keddi
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14 years 2 weeks ago #33424 by keddi
PCA for IB - does this make sense? was created by keddi
I am appealing the Personal Capability Assessment (PCA) outcome for my Incapacity Benefit and have been going through the notes supplied by the DWP. In the Facts of the Case it states that I had to have the test because "(I) has not been or would not normally been working 8 weeks (for payment or in expectation of payment) for 16 hours or more a week in the 21 weeks preceding incapacity for work."
I normally work 17 hours a week but stopped and got SSP for I think, 28 weeks and then applied for IB. I'm trying to work out if the statement "would not normally been working" is a mistake as they think I worked for 16 hours or that I would not normally be working.
Or perhaps it means that as I was working previously I didn't need the PCA until after 28 weeks?
The DWP also stated that the PCA applies from 1/5/08 because I have been incapable of work for 196 days in a spell of incapacity preceding 1/5/08.
However, they have the figures wrong as I was incapable of work for 180 days before this date.
Can anyone clarify whether I can challenge any of this at my tribunal or if it makes no difference?
I normally work 17 hours a week but stopped and got SSP for I think, 28 weeks and then applied for IB. I'm trying to work out if the statement "would not normally been working" is a mistake as they think I worked for 16 hours or that I would not normally be working.
Or perhaps it means that as I was working previously I didn't need the PCA until after 28 weeks?
The DWP also stated that the PCA applies from 1/5/08 because I have been incapable of work for 196 days in a spell of incapacity preceding 1/5/08.
However, they have the figures wrong as I was incapable of work for 180 days before this date.
Can anyone clarify whether I can challenge any of this at my tribunal or if it makes no difference?
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- DRAGON2009
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14 years 2 weeks ago #33427 by DRAGON2009
Replied by DRAGON2009 on topic Re:PCA for IB - does this make sense?
The panel will ensure that aspect of things are correct but my advice to you being as it seems you failed the PCA, that your main focus should be on establishing which descriptors you ought to have had points for and seeing if you can argue those with the panel to get up to the required number of points.
See an independent advice agency such as the CAB and see if they can represent you as they will know what steps to take by way of preparation and if they can go to the tribunal with you it does significantly increase your chances of success
See an independent advice agency such as the CAB and see if they can represent you as they will know what steps to take by way of preparation and if they can go to the tribunal with you it does significantly increase your chances of success
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