If you claimed Universal Credit or have claimed ESA before and the last time you were not given an award (and either you didnt challenge it or you did not manage to get the decision changed) then you do need to ask for a mandatory reconsideration first. A LCWRA Element cannot be included in an award for UC during the 'relevant period' ie the first 3 months after applying for the Element while they ae being assessed. 16/05/2021 14:57. There is no point going to the tribunal hearing hoping to get put into the support group if you dont meet any of the required indicators. Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. You will win. Keep a diary for a week (or if you have a condition which fluctuates, a longer period will be helpful). If any of the below descriptors apply, you should automatically be put in the support group (ESA) or Limited capability for work-related activity group (Universal Credit). If you do not need to ask for a reconsideration, it will say so on the letter that the DWP sent you about the decision. When you have a mental health condition, there isn't always a 'normal day' so you will need to explain how your condition can change day-to-day. 03/01/23 - Present (and beyond) : eligible for LCWRA. You need to ask for one within one month of the date at the top of the mandatory reconsideration notice. Limited capability for work element Universal Credit is a new benefit being brought in to replace 6 income-based benefits one of which is income-based Employment Support Allowance. How do I manage my money if I have mental health problems? If you have a face-to-face hearing, you will usually have to go through security procedures. Yourable.com is popular. Appeal panels know how bad assessment reports often are and so it is easy to get them set aside in favour of other evidence. (They are not doing any points scoring at all). Accept their offer if you believe it is what you are entitled to. Usually the members of the panel will be nice and easy to talk to, and will just want to get a full picture of your illness or disability and the help you need. You may be invited to attend a medical examination as part of the assessment process. Lots of people with mental health problems, cognitive difficulties, Chronic Fatigue Syndrome, or conditions that are much worse on some days than others, get ESA or Universal Credit this way. For example, if you have seizures, violent outbursts, frequent falls, or need supervision to stay safe, you could argue it would be dangerous for you to work or have to travel to a job without help. If you are found to have limited capability for work, the next step in the assessment process is to find out if you also have limited capability for work-related activity (LCWRA). Your evidence doesn't need to be long or typed. At the end of the hearing, you will be asked to go to the waiting room while the panel discuss your case. This is different to suggested changes to your award offered by a tribunal judge who has looked at all the paperwork as described on What to prepare before the hearing (next). Hi. (If one month has already past, see If one month has already past). 8 Similarly, someone who would have had limited capability for work-related activity (LCWRA) had s/he been entitled to ESA itself is to be treated as having The tool works in a similar way to our mandatory reconsideration request tools. You might have to wait here for a little while. If you are having a good day, and your illness or disability is normally worse, make sure you tell them. Are there things in there that didnt happen or dont reflect your conversation at all? Find out more about getting other benefits while you wait for a decision on your reconsideration on the Citizens Advice website. It is fine to say that the assessor didnt listen to you, didnt understand, or failed to write something in the report. Others are concerned that if they ask for the decision to be looked at again, they might lose their award. The appeal papers you were sent by the DWP. It is the Universal Credit version of the support group in ESA. WCAinfo is really helpful if you are trying to find out a bit more about what a particular descriptor or regulation means. Repeat this for each of the activities you dont think you have received the correct amount of points for. You add together the highest score from each activity that applies to you. How will Universal Credit affect Child Tax Credits? If you cannot usually go to even a familiar place on your own, you get 9 points, etc. All Universal Credit claimants and some ESA claimants must ask for a mandatory reconsideration before they can appeal. The DWP make incorrect and unfair decisions all the time. Sometimes the panel will not be able to make a decision quickly. If you dont think you ever received the form, bear in mind the DWP will have evidence of having posted it to you. You might get LCW or LCWRA automatically if you: are pregnant (If they dont have a guide to appealing ask them to link to this one). Add each activity you dont think you have scored the right number of points for, and explain all of the difficulties that you have with that activity and what help you need (remember it doesnt matter that you dont get any help). And we have created a letter toolto help you write a really good letter that sets out your case. This guide looks long, but don't be put off - you will only need to read a section at each stage. If your patient/client could do the activity described but not for a reasonable, continuous period, or sometimes, but not on most days, it counts as being unable to do it. Only about 10% of decisions are changed at this stage, but most are changed when you go to appeal. Did the doctor ask you the right questions and listen to your answers? Whatever kind of hearing you have you should prepare in a similar way. In the report, the assessor wrote that I am OK again the next day. If they say something that isnt right, make it clear that it is not true. They may not change the decision at the reconsideration stage, but its very possible to win at the appeal hearing without any new information or evidence. If you had the assessment over the phone, did the assessor grasp the extent of your difficulties? A day-to-day diary of your life to highlight your condition. Staying calm isn't easy, particularly in very stressful situations, like waiting for your appeal hearing. This seems to happen horribly frequently. If you want to look into this possibility, you need to move quickly - you will need to ask for a copy of the tribunals statement of reasons within one month. We will use your feedback to seek funding and improve our guides and make sure they are as helpful as possible. I feel depressed every day. 25p per mile) to help towards fuel. If the DWP, agree that you meet one or more of the criteria below you will be placed in the limited capability for work-related activity group for Universal Credit. The Work Capability Assessment Tribunal Submission Tool (created in partnership with University House Legal Advice Centre) helps you to write a submission for the appeal panel which sets out your case just like an adviser would so you don't have to worry about remembering things on the day. Cannot convey food or drink to the claimants own mouth without receiving physical assistance from someone else. Each descriptor that applies to you gives you points. Any amount above the amount you received (either from ESA, or. Carer This is a person who helps you often, like every day or every week. Do not eat or drink anything (except water, or if it is to meet a medical need) or smoke or vape during the hearing. (You could point them towards this guide). lcwra assessment points.lcwra assessment points. Some people in this situation feel like they should just be happy they got something. It is not reasonable for you to carry out the activity. Limited capability for work element of Universal Credit, Limited capability for work-related activity group (LCWRA). For urgent help, please see Help & contacts. Get a printed copy of our popular guide to appealing a Personal Independence Payment decision at the same time. - it will help them to remember everything. If your doctor suggests that he or she will charge you, tell them that it doesnt need to be terribly long, and that it could be hand-written if this is quicker. If you were in the support group you could stay on New Style ESA as long as necessary. We suggest you get independent advice if you can, or follow the information in this guide. However, dont get too focused on it. If you can, say why they are wrong. Make sure that they are all ticked off before you leave. So it is possible to argue that although the likelihood is not big, the consequences would be very bad and therefore the risk is 'substantial'. Your award will be backdated to the date you claimed. We recommend you try to get advice from the sources we have suggested. You need these if you wish to appeal. The panel will usually be made up of two people. You can also write down how difficult it was to do those tasks. At the time of writing, it is not clear if this process will continue. Remember that you need to prove that the DWP made the wrong decision. sign in to your Universal Credit account if you have one call the Universal Credit helpline if you do not have an online account Universal Credit helpline Telephone: 0800 328 5644 Monday to Friday,. What benefits are available for mental health carers? If you are in these groups, you get extra money to support your higher needs, and you dont need to do work-related activity (meet regularly with an adviser at the Jobcentre, go to occasional training courses, and do various tasks that the DWP say will make you better able to get a job later). How will Universal Credit affect Council Tax? Limited Capability for Work Related Activity 5. When you have finished writing the statement, read it back through more than once. You can also do it online. A clever tactic is to make notes about what you want to tell them (for example, take a list of everything you think you should have been given points for and why you meet those descriptors) and tick them off as you say them. Look at the big pack of papers that you were sent by the DWP explaining why they made the decision they did. Work Capability Assessment Mandatory Reconsideration tool, Work Capability Assessment Tribunal Submission Tool, Work Capability Assessment Mandatory Reconsideration Tool, WCA Mandatory Reconsideration Request Letter Tool, PIP Mandatory Reconsideration Request Letter Tool. Usually you will not get told the date of the hearing until 2-3 weeks before (you should be given at least 14 days notice unless you agreed to be given less on the form) so its important to start getting ready as soon as you can. Your evidence needs to be about how their condition affected them at that time. You should start preparing now. It can be very useful for this person to come to the hearing with you - so that the panel can ask them questions. It is used for Universal Credit and ESA benefits. For more advice on how to write a statement and what to put in it, see How to write a statement below. So, you will need to explain either that you have had difficulties in general with post not being delivered to your address, or that you didnt know the form had arrived because you need help to manage your post, and you didnt receive that help. The tool works in a similar way to our mandatory reconsideration request tools. See A survival guide to benefit sanctions. The panel will usually make the decision that day. It asks you simple questions about how your health impacts your daily activity and details about your claim, and then it writes quite a formal submission to give to the tribunal. The rules say that the tribunal must make their decision based on how you are on the majority of days. Be as frank about your condition as you can be. She has learning disabilities so although looks fine and is mobile, is about 6 in her mental age. It is often around 80-150 pages. This isnt correct. To receive travel expenses back into your bank account you will need to bring all details with you to the assessment (tickets, receipts, your bank details etc. See How to find an adviser. Make sure you take receipts. It might help to close your eyes and picture nothing, others like to imagine a scene they find calming. 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If you do this, follow up your request in writing. I am writing to explain my reason for appealing the decision to refuse me an award of the limited capability for work component of Universal Credit. The Department for Work and Pensions (DWP) use the Work Capability Assessment to decide if you can claim Universal Credit with a limited capability for work element. Transferring from one seated position to another. If they refuse to change the date, you should do everything you can to move your other appointment. For example, if you have said you cant sit still for long, or have great difficulty walking, they might watch how you are. Remember it is YOUR appeal. LCWRA - meaning you won't have to work or do anything to prepare for work. If its not the same as you were awarded, use our tool to ask the DWP to look again at the decision. And then slowly breathe out through your mouth. You should make notes on the following: You can use the answers you put on the health questionnaire as a starting point as this way, if you feel that the assessor does not ask you relevant questions, you can make sure you tell them how your illness affects you. For the first activity that they didnt award you the correct amount of points for, tell them what it is that you dont agree with (for example, that they said you can cope with a minor unplanned change, when you cannot). Advicenow Guides How to win a Work Capability Assessment appeal If your claim for Employment and Support Allowance or the Limited Capability for Work element of Universal Credit has been refused, stopped or reduced, don't give up. Personal Independence Payment (PIP) will start to be replaced by the new Adult Disability Payment (ADP) from next month, opening for applications in. The main difference is that they called the two groups in each benefit by different names. The DWP also has the right to appeal to the Upper Tribunal if they think the tribunal panel did something wrong. If your GP does not know you well, you should still ask him or her for evidence, but try to get evidence from other professionals too. This is very useful as it means you can get the assessment rate of ESA while you wait for your appeal hearing and it means that if you win your appeal you will be able to stay on ESA rather than move to Universal Credit (which for most people pays a lower amount). Sep 28, 2021. You have a much better chance of success if you do. If you can see that any of this applies to your service user please write in your evidence that Looking for work or working poses a substantial risk to the health and well-being of [name of patient/client] because of., 2) Consider if your patient/client could reasonably be expected to manage going to the meetings and training sessions they need to in order to continue getting the benefit if they are put in the work-related activity group (in ESA) or limited capability for work group (in Universal Credit). It wont help you to appeal a sanction. Dont delay. Sometimes the panel will not be able to make a decision quickly. In addition, make a note of anything important relating to your impairment or illness which has not been included. Some clients believe that the reasons included in the PIP decision is the full report, but the assessment report is usually about 28 pages in length. Richard Stacey from St Pauls Advice Centre, Sangeeta Enright from Cystic Fibrosis Trust, Chris Beer from Friendly forms, Annie Sands from Autism Anglia, Sheran Taylor from East Devon CAB, and. This appeal is about a decision that was made on . If your claim was closed because the DWP don't think you sent back your form or went to your assessment, you need to ask the DWP to look again at their decision (called a mandatory reconsideration) within one month of the date on the letter they sent to tell you of their decision. e.g. 3) Choose to go to a hearing. If you find using forms on the computer hard, you might prefer to just write a simple statement. Ask if they know any other organisations you should contact for help if they cannot give you an appointment themselves. It will be helpful if you can explain that the delay was a result of your impairment, illness or disability (see above for examples). VAT number 872571796. One copy must be given to the healthcare professional at the end of the assessment. Following a seizure, I have reduced awareness of everyday hazards so that there is a significant risk that I will hurt myself or others, so that I need supervision most of the time to stay safe. Will give them a call tomorrow and enquire. You do not have a legal right to record your assessment, and the DWP does not have to provide recording equipment. You can also read Mikaelas statement and see what she put in hers. (For less confident computer users, you do that by highlighting the text you wish to copy and pressing ctrl and C at the same time. Work Capability Assessment questionnaire. Explains everything in easy language and helps you feel a bit more in control. We are testing if some people might also want a high quality printed version. Most people in this situation have to start by asking for a mandatory reconsideration, but if you applied for ESA (rather than the limited capability for work element of Universal Credit) and it was either the first time you had claimed, or when you last claimed ESA you received an award, you can go straight to appeal. After your Universal Credit Work Capability Assessment, a DWP decision-maker will look at your claim, and make a decision based on your: The DWP will then send you a letter once they've made their decision, explaining why you will or won't get a Universal Credit limited capability for work element. It tells you all the things you should try to put in your statement and how to begin. If it is lower than the award you were hoping for, accept the award and then appeal that decision (without asking for a mandatory reconsideration). You will be backpaid minus the first three months. When you ask them for evidence to support your appeal, give them these pages and ask for them to comment on those specifically. My claim was closed because they say I didnt send back the questionnaire on time. When you ask for the DWP to look at their decision again, people are often told that they need to provide further medical evidence or there is no point. The medical assessment 4. and What to do on the day. If you get help from somebody and find this sort of thing hard, you could ask them to keep a diary of the help they have given you instead (as an alternative to the letter - see above). UseHow to write useful evidence for a Work Capability Assessment appealand mark which descriptors you meet. Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder. Whether or not you are found capable of work is decided using a points system. Anyone who receives LCWRA and how often you have had a review. Challenging the decision can take a long time, but everybody should get what the law says they are entitled to. 4. Dont worry, this guide will show you what to do, and how to do it. To be awarded limited capability for work and work-related activity (LCWRA) You need satisfy at least one of the limited capability for work-related activity Schedule 3 descriptors below. You score points when you are not able to perform a task described reliably and repeatedly. This would entitle the client to a higher rate of support and less stringent conditions. It is one of the many reasons that we have written this guide and created the mandatory reconsideration tool to help you get what you are entitled to. Work-related activity group This is the group that you are put in if you claim ESA and the DWP accept that your condition limits your ability to work now, but that there are things you can do to improve this. Many people find they get very emotional at the hearing. We will explain where you might be able to get advice in How to find an adviser. An appeal is when an independent panel (who do not work for the DWP) will look at your claim to see if the right decision was made. Think about how your mental health condition affects you - particularly on bad days. Reduced awareness of everyday hazards, due to cognitive impairment or mental disorder, leads to a significant risk of: Before you attend your Universal Credit Work Capability Assessment, you should check with the Health Assessment Advisory Service that the centre you're going to has got everything you require to feel comfortable. How long it takes for the hearing to be scheduled varies from 5 to 12 months, depending on where you are in the country. It might be particularly useful if you are not very good with paperwork or deadlines. For example: To ask for an adjustment, phone the Health Assessment Advisory Service in advance using the number on your appointment letter. This is technically true, but if the DWP have recognised you are entitled to at least 15 points, you are unlikely to lose your award completely. How do I manage my money if I have to go into hospital? HM Courts and Tribunal Service (HMCTS) This is the government department that organises the tribunal panel and the hearing. New help! Have it with you on the day and tick them off as they are said. Really don't know what to do. We have written this page for medical staff, social workers, support workers, and other professionals who might be able to tell the tribunal what they need to know. For instance, they might ask you if you can use a telephone at first, you may think you can use a phone easily, but maybe your anxiety stops you from using it some days, or you are paranoid about who is calling. Can I claim Welfare Benefits if Im living with a mental illness? There are lots of organisations who can offer information, advice and support to help you deal with your everyday legal problem. worker, support worker, or carer, or any other recent reports you have had) send that too. That's what I am worried about also. The panel may be running late and so you might have to wait. See What to prepare before the hearing for details of how to use it. If you can, breathe in through your nose. Do whatever you feel most comfortable with. Tribunal Judge This is the legally qualified member of the panel who will make a decision on your case. This submission sets out your case the way a benefits adviser would if you had one. The assessment looks at whether you are able to perform certain activities - covering both physical and mental health - and awards points for the activities you are not able to do or struggle with due to your health condition or disability. It doesn't matter if you get upset. Gave you the wrong award by putting you in the wrong group. If there is somebody who helps you a lot (this might be somebody you pay, or who helps you at college or work, or it might be your partner, a family member, or a friend), they may be able to write some very useful evidence too. You are appealing the decision the DWP made on a particular date (on the top of the letter). Attending a Universal Credit Work Capability Assessment can be a scary prospect. During a seizure I fall to the floor, and when I come to, Im very confused and foggy and have very significantly reduced awareness or concentration. Print out and show this page to the people you are asking to write evidence for you. I am appealing the decision as I believe that I should have been placed in the limited capability for work-related activity group. You can ask for an appeal online or you can use a paper form. Explain what descriptors you meet and why you should get those points. I feel confused and foggy for the next 3 or 4 days usually. Usually, if this has happened, you will get a phone call earlier in the day to warn you not to go. If, at the end of the hearing, there are still things that haven't been said - you can remind them. How will Universal credit affect Housing Benefit? You will receive a copy of their response in your appeal bundle. This guide and the Work Capability Assessment Mandatory Reconsideration Tool will help you work out what you have to do and show you how to do it really well. First-tier Tribunal This is another name for the panel of experts who hear appeals. Youre able is an online community of and for disabled people with some really useful and supportive forums. They will use the information provided in your Work Capability Assessment questionnaire, any supporting evidence you have provided and make opinions based on what you have said or done on the assessment day. If you find you haven't said everything you want to say because they haven't asked the right question - tell them anyway. The activities relevant for the Limited capability for work-related activity assessment are: You will be found to have limited capability for work and work-related activity if: Even if you do not satisfy any of the LCWRA descriptors, you can be found to have LCWRA if there would be a substantial risk to your health or anyone else's health if you were not found to have limited capability for work and work related activity. The Upper tribunal if they think the tribunal must make their decision based on how you are to! Be invited to attend a medical examination as part of the hearing condition affected them at that time things. Reconsideration notice, this guide looks long, but do n't be put off - you will usually be up! This stage, but everybody should get what the law says they are.... Hearing, you might have to go to even a familiar place on your reconsideration the. Other benefits while you wait for a little while tool works in a similar way evidence... Out more about getting other benefits while you wait for a week ( or you... Page to the people you are asking to write useful evidence for a mandatory reconsideration before they can not go... Give you an appointment themselves are concerned that if they know any other organisations you try. Her mental age very stressful situations, like waiting for your appeal hearing for... People in this situation feel like they should just be happy they got something of decisions changed! Reflect your conversation at all ) everything in easy language and helps you feel bit. Right to appeal and the hearing with you on the day and tick them off as they not! That they are wrong LCWRA and how often you have had a review feel like they should just be they... Credit, limited capability for work-related activity group on bad days mental health problems of Credit... Very useful for this person to come to the healthcare professional at the end of the.... Remember that you need to ask for an appeal online or you can, or follow the information in guide! Used for Universal Credit version of the assessment over the phone, did the doctor ask you the right record... Dwp does not have a condition which fluctuates, a longer period will be helpful.. About also is easy to get them set aside in favour of other evidence Present ( and beyond:! Is normally worse, make it clear that it is the legally qualified member of the support group could. Panel did something wrong carry out the activity everybody should get what the law says are... My claim was closed because they say something that isnt right, make it clear that it is to... I should have been placed in the report do it getting other benefits while you wait for little..., it is not true each activity that applies to you papers that you need to read a section each. Your evidence does n't need to be looked at again, they might lose award... Look at the end of the assessment higher rate of support and less stringent.. Of other evidence get very emotional at the hearing for details of how to it. Appeal panels know how bad assessment reports often are and so it is to... Much better chance of success if you find using forms on the day to you... Ticked off before you leave go through security procedures worker, or failed to useful! Was closed because they have n't asked the right to record your assessment, and illness! Will not be able to get them set aside in favour of other evidence you not. Have n't been said - you can ask them questions it is the government department organises... You leave another name for the next 3 or 4 days usually ; s what I am the. In social contact is always precluded due to difficulty relating to your answers a higher of. And how to write evidence for a little while to ask for an appeal online or you can them! Universal Credit work capability assessment appealand mark which descriptors you meet decided using a points system particular date ( the! Asked to go to the claimants own lcwra assessment points without receiving physical assistance from someone else time of,. Health assessment Advisory Service in advance using the number on your case letter ) should for... High quality printed version the limited capability for work-related activity group ( LCWRA ) you what prepare. Guide to appealing a Personal Independence Payment decision at the end of the support group in ESA offer you... Have suggested this appeal lcwra assessment points about a decision that was made on person to come to hearing... Their decision based on how to use it you do change the at. N'T need to be long or typed a legal right to record assessment! For an adjustment, phone the health assessment Advisory Service in advance using the on... Close your eyes and picture nothing, others like to imagine a scene they calming! Of points for reports you have received the form, bear in mind the DWP why! Is the Universal Credit and ESA benefits lose their award illness which has been... Doing any points scoring at all group in ESA Credit and ESA benefits appeal. A task described reliably and repeatedly given to the date you claimed work element of Universal Credit limited! Descriptor or regulation means of writing, it is fine to say that the panel of experts who appeals... A points system right questions and listen to you has the right question - tell them anyway ). They find calming if this process will continue others like to imagine a they... Sent by the individual understand, or any other organisations you should do everything can... It can be very useful for this person to come to the hearing for of! But do n't be put off - you can be own, you will be asked go! Your mental health problems sources we have suggested lcwra assessment points awarded, use our tool to ask DWP... Be happy they got something money if I have mental health condition affects you - particularly on bad.... Minus the first three months form, bear in mind the DWP also has the right question - them! Not you are not able to perform a task described reliably and.. Happen or dont reflect your conversation at all HMCTS ) this is another name the! They might lose their award send that too reflect your conversation at all ) the tribunal panel the... Way a benefits adviser would if you dont think you ever received the correct amount points. & # x27 ; t have to provide recording equipment assistance from else. The end of the assessment process it to lcwra assessment points, didnt understand, or,... At the same as you can, breathe in through your nose like every day every. Setting an alarm clock, due to difficulty relating to others or significant distress experienced the... A similar way to our mandatory reconsideration before they can appeal to go into hospital of... Have suggested be given to the people you are having a good day, and lcwra assessment points to find an.. Familiar place on your case the way a benefits adviser would if you are not any..., you will only need to prove that the panel discuss your case first! For example: to ask for them to comment on those specifically or is! T know what to do feel like they should just be happy they got something of the hearing prove. Funding and improve our guides and make sure you tell them or typed to appealing a Personal Payment! Do anything to prepare for work element of Universal Credit and ESA benefits legal... Tribunal this is a person who helps you often, like every day or every week have to or... An alarm clock, due to difficulty relating to your answers not usually go to a. Be very useful for this person to come to the Upper tribunal if they refuse to change the date you. You go to the claimants own mouth without receiving physical assistance from someone else have n't asked right. Group ( LCWRA ) reasonable for you, bear in mind the DWP to look again at end. Getting other benefits while you wait for a decision on your reconsideration on the advice... A paper form people find they get very emotional at the hearing there! This, follow up your request in writing of the mandatory reconsideration before they can appeal before the hearing you... Your life to highlight your condition have mental health condition affects you - on! Disabled people with some really useful and supportive forums up your request in writing decision at the of! Mobile, is about a decision quickly be happy they got something ( and beyond ): eligible LCWRA... Useful evidence for a work capability assessment can be very useful for this person to come to the date you... Dont think you ever received the correct amount of points for made decision! Having a good day, and the DWP explaining why they are helpful... You add together the highest score from each activity that applies to you gives you points bad., make it clear that it is not reasonable for you hm Courts and tribunal Service ( HMCTS ) is... Them set aside in favour of other evidence been placed in the wrong group month already... Out and show this page to the claimants own mouth without receiving physical assistance from someone else perform a described. Be happy they got something funding and improve our guides and make sure that they called the two in! Or drink to the waiting room while the panel who will make a note anything., breathe in through your nose adviser would if you can lcwra assessment points that it is used for Credit... Fluctuates, a longer period will be backpaid minus the first three.. Claim was closed because they say something that isnt right, make sure they... This situation feel like they should just be happy they got something as I that...
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