LCW: appealable decision or constituent determination?

This might seem like I am over-complicating something that works just fine, but is a determination of LCW but not LCWRA an appealable decision for ESA and/or UC purposes?  And the same question about a determination that a person is fit for work in the context of a UC claim.

Or does the appellant have to wait until the determination “bites” through an outcome decision:

- month 4 rolls around and still no LCWRA element, so appeal that on grounds of wrong rate of UC awarded
- claimant is sanctioned, which wouldn’t have happened if they had LCWRA

The appeal relies on the claimant submitting that s/he has LCWRA, not just LCW, but the decision under appeal is the UC/ESA entitlement decision.

Do you all routinely appeal LCW status as a freestanding decision in its own right without any fuss?

Thanks

HB Anorak - 23 June 2023 02:05 PM

Do you all routinely appeal LCW status as a freestanding decision in its own right without any fuss?

Thanks

Yes and I would rather like it to stay that way…

Yes, UC LCW determinations are appealed as though they were decisions and nobody makes a fuss.

Which is wrong, and does cause me to grind my teeth a bit, but is how it works in practice.

Thank you both.  I won’t rock the boat then