In addition to examing whether or not appellants score suffcient points to pass the Work Capabilities Assessment,

Are reps finding that lower tribunals are then looking at an appellants "Limited Capability for Work Related Activity" as part of the hearing (as per Reg 34 of the ESA Regs)?

Thanks in advance,

Toby Lintern,
Derby Advice

Isn't it up to the appellant and their representative to ensure that both LCW and LCWRA are raised in their appeal submission? The tribunal is duty bound to deal with all issues raised in this way.

I had a hearing on Tuesday, the DWP submission requested that LCWRA was also considered, our submission contained clients case for LCWRA and the tribunal dealt with it at the end of the case for the WCA .

As a matter of courtesy to the tribunal, if your client agrees that they do not have LCWRA, it would probably be sensible to agree that they do not need to consider it