Lcwra with sanctions?

frankie85

Hi I was just wondering if anyone can help me, I have a joint UC claim with my partner and he has a sanction and I have just been awarded lcwra so does the sanction stay or would it be lifted? Thank you in advance x

poppy123456

If it was you that was found to have LCWRA and your partner has the sanction then the sanction will still apply. 

frankie85

Ok thank you poppy, I thought that might have been the case but just couldn't find anything online lol x

poppy123456

Out of curiosity what was the sanction for? Are you claiming either PIP daily living or DLA mid/high rate care for yourself?

frankie85

Hi the sanction was for missing an appointment and I have previously applied for pip but was declined so did a mandatory reconsideration and was denied again but now that I've been accepted for lcwra I'm going to apply for pip again, fingers crossed lol x

poppy123456

Most MR decisions never change anyway. Was there any reason why you didn't request the Tribunal? Was the decision on that MR within the past 13 months? If so then you can still request the Tribunal. You'll need to make sure you tell them why you didn't request it within the first month but it's unlikely they would refuse a late appeal.

Please also be aware that having been found to have LCWRA doens't mean you're automatically entitled to PIP. They are different benefits with different criteria. Have a read of this (long) link, it will help you to have more understanding of the descriptors and what they mean. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

frankie85

Thank you poppy I thought I'd missed the deadline for the pip, I'll contact them asap, yeah I know the lcwra and pip are completely separate benefits so one won't influence the other which is kind of a shame but yes I'm going to persue the pip tribunal x

poppy123456

Please also be aware that they won't take into consideration any worsening of condition.

frankie85

Yeah I know there is a lot they don't take into consideration...like the word of a doctor lol x

poppy123456

frankie85 said:

Yeah I know there is a lot they don't take into consideration...like the word of a doctor lol x

That's not surprising. A GP/Doctor doesn't spend anytime with you to know how you manage the 12 PIP activities and they don't see you dress/undress, wash, cook, budget etc etc. If they know such things then it will be because you've told them. Otherwise they will only know the basics such as diagnosis, of which isn't needed for a successful PIP claim because it's not about a diagnosis.

For your Tribunal hearing please make sure you choose to either appear in person, or have a telephone/video hearing. Either of those will give you around a 70% success rate.

frankie85

I'd never thought of it like that, that actually makes a lot of sense. Yes I will do that poppy thank you you're info has actually been invaluable thank you so much x