Lcwra query

kjd1972

Hi, I've been suffering with depression and severe anxiety on and off for about 15 years and my latest episode has been for over 12 months. I was already out of work since, April 2021, due to affects of covid on the company I was working for at the time. My mental health deteriorated during this time of unemployment and I was subsequently signed off by the Dr.
I am still unable to work due to my ongoing mental health issues. I was submitting fit notes to dwp from May 2022 when i was signed off and was referred for a work capability assessment in August 2022. The wca decision came back on Oct 7th and it stated they decided I had lcw. Who decided?
I phoned dwp, as highlighted on my decision letter, to request a copy of my full assessment report on Oct 11th and was told the information would be passed to the case manager (Marc) and I would receive a response to my questions by the 1st Nov 6pm either by journal message or if it is a complex explanation it would be by telephone. I received neither a message or phone call.
Due to my mental state I completely forgot about the deadline given of 1st Nov so didn't chase up a response. I wanted to view my full assessment report and challenge their decision to put me on lcw through a mandatory reconsideration. I was hopeful that I would qualify for lcwra and extra payments as I dont see my mental health improving in the immediate future so I know I am unfit for work long term and not earning any money.
My assessment letter stated I no longer had to submit fit notes so although I still receive them from my Dr, I haven't been sending them to dwp. I also stopped receiving fortnightly appointments, they would appear on my journal notifications then I would immediately receive another notification from dwp saying they had cancelled that appointment. 
I received a notification recently, 22nd May 2023 requesting I attend a work focused appointment.  This prompted/reminded me to look for the response from my request from last October that I still hadn't received.
So I recently revisited my letter and journal notes and only now realised I missed the one month period to go down the appeal route.
Is there anyway I can still request my full assessment report and appeal their decision?
I did find a journal message from Marc, my case manager apparently, dated 16th Feb that said please read the file, if asked to contact us please use the journal, the attached file was a support for mortgage interest loan letter which I have never heard of nore requested from them!! Bizarre..

Any help on this would be much appreciated. 

Thanks in advance 
Sorry for the long message

poppy123456

Have you actually requested the MR yet? Sorry but it’s not clear if you have or not. 

If you haven’t then you have 13 months to request this. You will need to give a reason why you didn’t request it within the first month. If they refuse then you just proceed with Tribunal.

You do not need the assessment report to request the MR. You just need to look at the descriptors for LCWRA to see if any of them apply to you. You will then need to base the MR request on the reasons why you think you should have been found to have LCWRA. You can see them here https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

kjd1972

Apologies for not making it clear, I haven't requested the MR yet as I initially missed the 1 month time frame and wasn't aware it was as long as up to 13 months. I thought I had missed the opportunity. 

My mental state around that time was really severe so wouldn't have even thought about requesting an MR within the first month.
So I can still request this?

Not sure of the process so if they refuse, how do I proceed with Tribunal if they do refuse?

I have to make use of the rare good days when I can look into this and try and cope with it all. It's such a minefield and I get overwhelmed.

Thank you for sending the link for the descriptors for LCWRA. I had a read and noted this is the equivalent of ESA support group which I have been in receipt of in the past (ESA) during a previous severe episode of mental health issues.

Some of the descriptors do apply though and I relayed this through my original wca questionnaire and during my assessment.

• No11 easily irritated and overwhelmed when trying to compete tasks
• No 12 cannot cope with change, panic attacks, overwhelmed
• No 13 severe anxiety and panic attacks when faced with going out or nything involving social engagement
• No 14 Behaviour around others,  tense up, easily irritable and uncontrollable outbursts of anger when as I become scared anxious and worry

I pointed these out on my wca questionnaire and discussed during the assessment which is why I cannot understand why I wasn't awarded lcwra.

Should I contact them through my journal and request a MR?

Thanks

calcotti

kjd1972 said:

My mental state around that time was really severe so wouldn't have even thought about requesting an MR within the first month.
So I can still request this?

As you are within 13 months, you can.

kjd1972 said:

Not sure of the process so if they refuse, how do I proceed with Tribunal if they do refuse?

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/

Hannah_Alumni

Hello @kjd1972

Welcome to the community! I see Poppy and Calcotti have been helping you with your query. I don't have the most benefits knowledge but I just wanted to check in and see what support you have around you? Are you still getting support from your GP or did they just sign you off? I'd encourage you to speak to them again if you feel you need more support. 

kjd1972

Hello Hannah

Thanks for reaching out.

Yes I am still getting support from my Doctors in the form of regular reviews.
I also receive help from insight through self referral for cbt sessions.
I'm not sure what other support my Doctors can give apart from medication which I don't want to go down that route again. I had a terrible time with medication some years ago during one of my episodes. They didn't help and I had tried 4 or 5 different types.

Hannah_Alumni

@kjd1972 It's great to hear you have support from your Doctors and have regular reviews. I know many users here have said how helpful CBT can be. IU had CBT and found it very beneficial. You can always see how these sessions help before even thinking about the medication route again. I'd also enquire with the CBT therapist if they have any recommendations for other types of therapy too  

kjd1972

I sent a journal message requesting a mandatory reconsideration as I believe my mental health is severe enough to qualify for lcwra. I received a journal to-do message this morning, any advice what I could send to help my case would be great.

poppy123456

You need to tell them why you think you should be found to have LCWRA and which descriptor you think applies to you. You can see them here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

Some people find it helpful to send a letter from someone that knows them well. You should also give a couple of real world incidents of exactly what happened the last time you attempted each activity that applies to you.

You can send any other relevant evidence you have to support your claim.

kjd1972

Thanks for your message poppy123456.
Before I had chance to send over any more evidence, I received a journal saying they have changed their original decision from 7th October 2022 and I am be awarded lcwra.
I understand there is a 3 month waiting period from initial assessment from my doctors fit note which is dated 7th June 2022.
Should I get payment back dated? If so do you know how long I will have to wait for this back pay and how much the lcwra element is?
They are saying my lcwra element will be from 2nd October because theres a relevant period and an assessment period which is all very confusing. I thought my lcwra element would be from September 6th as that's 3 months following my initial assessment. 
Do you know if this is right? Sorry to keep asking but I don't fully understand how it all works. 
Thanks again for your help

poppy123456

What date exactly did you send your first fit note/report your health condition?

What date do you usually receive your money each month?

calcotti

kjd1972 said:

..Should I get payment back dated? 

They have said they will pay the LCWRA element from 2nd October (which would be due from 8th November). That is correct if LCWRA status starts from 7th June 2022. 

However I'm not clear while they have said the LCWRA starts from 7 June 2022 when your opening post says you told them in May 2022.

kjd1972

Hi, so I was struggling to upload my first fit note and sent messages back and forth with my work coach. I eventually managed to upload it on the 7th June, the fit note was dated 3rd May to 29th June.




So as regard to notifying them it was 7th June

kjd1972

I did try to tell them in May but there was no option to upload fit note on my journal which is why I was messaging them in May but eventually sorted it out 7th June 2022.

So if payment is from 2nd October, is that not 4 months from 7th June?

Then if as you say payment will be due 8th November, is that not 5 months?

Or do they purposely do this to deter people? 

I'm just trying to work out how many months back pay I could receive. 

Thank you again.

It's so difficult to try and process, especially as my head isn't in the best of places.

calcotti

You are allowed to self certify for 7 days.

Did you report the Change of Circumstances re health earlier than 7th June?.

If reported on 7th June then the dates set out by UC on their decision are correct.

kjd1972

Sorry forgot to mention, my payments are and have always been the 8th day of the month

poppy123456

kjd1972 said:

Sorry forgot to mention, my payments are and have always been the 8th day of the month

Yes, your first payment would be 8th November because the LCWRA element starts from AP 2nd Oct to 1st Nov 2022.

There's always been an option to report a fit note on your journal. When you do that, it will ask you to provide the details on that fit note.

Alex_Alumni

Hi @Deppi if you see anything like this in future, just use the flag button to report it to the team I'll take a look now, thank you!

Community_Scope

Hello @kjd1972

We just want to let you know we’ve edited your comment because it contained your full name [personal information]. For more information about why we removed this, please consider our online community house rules.

All the best,

Alex

Online community team

kjd1972

Thanks for your help with this query. 

So do I understand it correctly that I will receive back pay from last year?

Is there a way to calculate how much is is likely to be?

Do I need to request back pay or will dwp pay it without my request?

How long does this back pay normally take to come through from them changing their original decision to awarding lcwra?

Thanks again

poppy123456

As I advised previously your first payment will be 8th November 2022. Therefore they owe you 8 months LCWRA element up to 8th June. 

It’s not unusual for it to take quite a few weeks to pay what is owed. They will recalculate your past statements first to work out how much you’ve already received against what you should have received. You will then be owed the difference between the 2. Once this is done you’ll receive a letter on your journal telling you how much is owed and it will be paid into your bank. 

The new statements will replace your existing ones so you may want to take copies now.