LCW LCWRA help needed
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beljim
Online Community Member Posts: 4 Listener
I'll try t keep this concise as I have lots running around in my mind.
I've been unemployed and on ESA for about 13 years as I have Depression and Anxiety issues. This was not a diagnosed condition as I had no will or motivation to do anything about it.
Within the last 6 months I was advised to swap from Jobseekers ESA to Universal Credit as my work coach thought I was not fit for work. I pulled myself together and made the change.
It took about 6 months to get a Health Assessment and was found to have limited capability for work (LCW) within the last month.
I requested my report and found a lot to be incorrect, some due to my own pride not wanting to admit so some of my behaviour.
The report said I can ask for reconsideration before I can make any appeal. So I can hopefully get Limited Capacity for Work Related Activity (LCWRA).
My questions.
What should my future steps be?
Am I supposed to add all the things I disagree with in the report to a journal entry?
**edit. Seems this last part is incorrect on my part but will leave it up so as not to mess with the thread line: (I was on JSA income based not ESA)
Also I found out recently after searching around that no financial help is given for LCW after 2017 but did see this clause
"existing Universal Credit claimants who were getting ESA immediately before they claimed UC and their ESA claim was made before 3 April 2017, who are found fit for work, but after requesting a mandatory reconsideration or appeal are then found to have limited capability for work".
Would this be my situation as I've been on ESA for 13 years and recently switched to UC. If so I've had no increase in money and was wondering If I should question this?
I've been unemployed and on ESA for about 13 years as I have Depression and Anxiety issues. This was not a diagnosed condition as I had no will or motivation to do anything about it.
Within the last 6 months I was advised to swap from Jobseekers ESA to Universal Credit as my work coach thought I was not fit for work. I pulled myself together and made the change.
It took about 6 months to get a Health Assessment and was found to have limited capability for work (LCW) within the last month.
I requested my report and found a lot to be incorrect, some due to my own pride not wanting to admit so some of my behaviour.
The report said I can ask for reconsideration before I can make any appeal. So I can hopefully get Limited Capacity for Work Related Activity (LCWRA).
My questions.
What should my future steps be?
Am I supposed to add all the things I disagree with in the report to a journal entry?
**edit. Seems this last part is incorrect on my part but will leave it up so as not to mess with the thread line: (I was on JSA income based not ESA)
Also I found out recently after searching around that no financial help is given for LCW after 2017 but did see this clause
"existing Universal Credit claimants who were getting ESA immediately before they claimed UC and their ESA claim was made before 3 April 2017, who are found fit for work, but after requesting a mandatory reconsideration or appeal are then found to have limited capability for work".
Would this be my situation as I've been on ESA for 13 years and recently switched to UC. If so I've had no increase in money and was wondering If I should question this?
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Comments
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You said you were previously claiming "jobseekers ESA" but there's no such benefit. It's either Job seekers allowance (JSA) or ESA. If you were claiming ESA which group were you in, was it the WRAG or Support Group?You mention your work coach advised you to claim UC because thought you weren't fit for work, this tells me you were claiming JSA and not ESA.0
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It takes me some time to get my head around all the terminology. I was claiming Jobseekers income based.
I thought that was ESA but seems not. So that part of the post is rendered moot, Thanks.0 -
Thanks for confirming that. This means you will not be entitled to any extra money for LCW.Have you looked at the descriptors for LCWRA? If not you can see them here https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity0
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I found an awful lot wrong with my LCW Assessment too, so I sent it back with everything for a mandatory reconsideration and they just ignored everything I said. They completely ignored my Autism, which I put on my initial health assessment form, but they didn't even put it in the list of conditions. I've finally (6 months on) sent an appeal, with the help of a support worker.0
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