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Work Capability Assessment

7501x

Hi everyone,

I have my WCA soon and I’m so unbelievably nervous about it. I’ve been doing my research and I also did a self assessment of which I scored a high amount of points, so I have confidence I will be placed in the LCW group. However I’m struggling with the LCWA points system as if I need 15 points just from one question to be awarded LCWRA, it seems extremely strict!

I left my job of 10 years 12 months ago as I couldn’t physically and consequently emotionally cope with it any longer. The thought of making such a huge decision, but then being forced back to work terrifies me.

My condition fluctuates; on some days I would easily score 15 points from one question and on some days I wouldn’t. Can anyone offer advice if they’ve been through similar please?

My partner is my carer (I receive PIP, which I also have my renewal assessment for soon so you can imagine how stressed I am lol). As he’s my carer, he therefore under UC has no obligation to work. If I don’t get put in the LCWRA group, that means I will have to work and he won’t? Surely this makes no sense at all?

One final question! If placed in the LCW group, how long is it likely to be before I’m forced to work, and would I have to work/earn a certain amount?

Sorry for such a long post but my mind is doing overtime!

Thank you

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Comments

poppy123456

For LCWRA it’s not about scoring points. You just need to satisfy one of the descriptors the majority of the time. You can see them here https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

The self assessment you did is not reliable at all unless you totally understand the criteria. It’s not something I would ever recommend.

If found to have LCW then you will not be expected to look for work. You maybe expected to prepare to work sometime in the future. What will be expected of you will depend on your claimant commitments but may include attending work focused interviews.

If found to have LCWRA then you won’t be expected to look for work or attend any appointments.

If found fit for work then you will be in the all work requirements group and will be expected to look for work.

The reason your partner is not expected to look for work or prepare to work is because they are your carer.

Unfortunately, claiming PIP doesn’t automatically entitle you to either LCW or LCWRA.

During the assessment they will likely ask you what a typical day is like for you. What exactly they ask will depend on how your conditions affect you.

Once the assessment is completed and your report is returned to DWP then a decision can take up to 12 weeks.

7501x

Thanks for all the info Poppy.

I thought you did have to score 15 points on any one of a set of questions for LCWRA? That seems to be the general consensus online? If this isn’t the case? Do you have any info on what I need to satisfy for this to be awarded please?

I think I understand the aspects regarding PIP etc. sorry if I didn’t explain it very well, I was just trying to express how shocked I am that a carer can not be expected to work, but that the person needing the help all of the time, and in receipt of PIP can be forced to work. It just makes absolutely no sense to me at all whatsoever!

C x

poppy123456

7501x said:

I thought you did have to score 15 points on any one of a set of questions for LCWRA? That seems to be the general consensus online? If this isn’t the case? Do you have any info on what I need to satisfy for this to be awarded please?

No, points have nothing to do with LCWRA. Points refer to LCW only. The link i posted above is the descriptors for LCWRA please have a read. You need to satisfy at least one of them.

7501x said:

how shocked I am that a carer can not be expected to work, but that the person needing the help all of the time, and in receipt of PIP can be forced to work. It just makes absolutely no sense to me at all whatsoever!

C x

It makes perfect sense. Claiming PIP has nothing to do with your ability to work, people claim PIP and work.

7501x

Hi Poppy,

Yes I know that people can claim PIP and work. What I meant is that it doesn’t make sense to me that the person in receipt of PIP and needing so much support from their carer, can be forced to look for work after a WCA yet their carer has no expectations to work. I know my opinion won’t change anything, I’m just really shocked as in my eyes if an individual is struggling to the extent they need so much support, how can they work yet their carer wouldn’t have to.

Thanks

calcotti

7501x said:

, I’m just really shocked as in my eyes if an individual is struggling to the extent they need so much support, how can they work yet their carer wouldn’t have to…

The person with PIP hasn’t been found to have limited capability for work until the outcome of the Work Capability Assessment. A carer is not required to work in addition to caring because they are already spending 35 hours/week caring.

7501x

Thanks both. I wasn’t disputing what you were saying, I just found it hard to see how (from the WCA side of things) that if someone was receiving PIP and had a carer, that they would assess them under the WCA descriptors and conclude that they were able to work. I think naturally you would just expect that if you needed a carer for 35 hours or more per week, that you wouldn’t be able to work.

On that note, can you please let me know if the following website is correct in relation to being approved for LCWRA? What I’ve understood is that you need to satisfy one or more of a number of descriptors (pregnant, substantial risk if not found to have LCWRA etc) or one of the highest scoring answers from the LCW descriptors. Please let me know if I haven’t understood this right

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

also, any advice you can offer for my upcoming assessment would be greatly appreciated as I’m so anxious about it x

calcotti

7501x said:
. I think naturally you would just expect that if you needed a carer for 35 hours or more per week, that you wouldn’t be able to work.

It’s a procedural matter. They haven’t made a LCW/LCWRA decision until the WCA decision is made.

7501x said:

On that note, can you please let me know if the following website is correct in relation to being approved for LCWRA? What I’ve understood is that you need to satisfy one or more of a number of descriptors (pregnant, substantial risk if not found to have LCWRA etc) or one of the highest scoring answers from the LCW descriptors.

That isn’t correct. The first part is correct. You need to satisfy one (or more) of the LCWRA descriptors or fall into ‘the substantial risk’ category (which is a significant proportion of decisions). The LCW descriptors are not relevant to determining LCWRA. (It is true however that getting 15 points on some of the LCW descriptors would correspond to an LCWRA descriptor and therefore LCWRA would be met - but it’s not the LCW score that is relevant.)

poppy123456

7501x said:

I think naturally you would just expect that if you needed a carer for 35 hours or more per week, that you wouldn’t be able to work.

No, not at all. People still work and have a carer for 35 hours per week.

7501x

Thanks Poppy. So anywhere that says you need 15 points from one LCW question, to be awarded LCWRA is incorrect? And you actually don’t need any points to be scored, just to meet one or more of a list of descriptors? If this is right, I don’t suppose you have that list do you please?

thank you for all your help

poppy123456

For LCWRA you need to look at the descriptors for that, not the descriptors for LCW. The link for the LCWRA descriptors have been posted above by myself and you. There are no other descriptors for LCWRA. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

calcotti

7501x said: So anywhere that says you need 15 points from one LCW question, to be awarded LCWRA is incorrect? And you actually don’t need any points to be scored, just to meet one or more of a list of descriptors?

That’s correct as per my previous reply.

Jellihead

I note that this post is from January. As the Work Capability Assessment consultation ends tomorrow I hope that many of those who post on here have completed the outrageously unfriendly and intensive consultation. How this consultation was ever passed is beyond me. It is a disgrace.

What seems to be the underlying criteria is that as many people with disabilities have their benefits stopped under the guise of "helping them into work" or "reaching for independence", popular in my local authority. The problem is that it is so obvious what their real criteria is.

Looking at the government stats, there are nearly 34 million working age able people available to work. According to the WAC pre amble from gov.uk there are 1 million jobs available. This is from a Hansard report dated 2010 -
"The latest labour market statistics show that the number of full-time jobs is up 82,000 on the quarter, up 416,000 on the year and up almost 2.7 million since 2010. That is a record high. The statistics also show that average earnings are rising in real terms."

So there are plenty of jobs that need to be filled as there was over a decade ago. There was no urgency then to fill them with people who have disabilities. I would have been more confident as to the consultation need if it had expressed that those with disabilities from birth should automatically be allowed not to need WAC ever!

7501x

Jellihead said:

I note that this post is from January. As the Work Capability Assessment consultation ends tomorrow I hope that many of those who post on here have completed the outrageously unfriendly and intensive consultation. How this consultation was ever passed is beyond me. It is a disgrace.

What seems to be the underlying criteria is that as many people with disabilities have their benefits stopped under the guise of "helping them into work" or "reaching for independence", popular in my local authority. The problem is that it is so obvious what their real criteria is.

Looking at the government stats, there are nearly 34 million working age able people available to work. According to the WAC pre amble from gov.uk there are 1 million jobs available. This is from a Hansard report dated 2010 -
"The latest labour market statistics show that the number of full-time jobs is up 82,000 on the quarter, up 416,000 on the year and up almost 2.7 million since 2010. That is a record high. The statistics also show that average earnings are rising in real terms."

So there are plenty of jobs that need to be filled as there was over a decade ago. There was no urgency then to fill them with people who have disabilities. I would have been more confident as to the consultation need if it had expressed that those with disabilities from birth should automatically be allowed not to need WAC ever!

I'm so sorry but I'm confused as to why this has been put on my post?

Jellihead

I am so sorry I thought it was the main Scope discussion thread. I do apologise. I was hoping that the thread would be shared with as many members of the discussion group to enable them to complete the WCA consultation. I am sorry.

Best wishes

summersunflower

https://forum.scope.org.uk/discussion/101261/work-capability-assessment

Hi @7501x

I am in a very very similar situation to your and am due to apply for UC soon. I wondered how you got on and if you have any tips for the assessment at all? as i know that my husband (on PIP and not been able to work for over 10 years) should be in the LWCRA group, but am obviously worried.

I did try to message you privately but i think being a newbie it wont allow me to.

Thank you in advance for any information :)

AndrewHall

https://forum.scope.org.uk/discussion/comment/625469#Comment_625469

So basically, DWP is saying that you can take your carer to work if necessary. Madness, beraucratic madness.