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