LCW rather than LCWRA

Lianne8
Lianne8 Community member Posts: 4 Listener
in Universal Credit (UC)
Hello guys, I’m not sure if anyone on here has some knowledge regarding to this. I have currently been on UC since last year November 2022. Due to being severely depressed and and having anxiety. I am with a mental health team awaiting for therapy due to past traumas. Now I have been providing UC fit notes since November 2022. And had a work capability 2 weeks ago, and got back the results as LCW, which to be fair I wasn’t expecting. I was expecting to be put in LCWRA. As my conditions are severe and I don’t not leave my house and have no contact with nobody because of this. My report says that it is clear with evidence that I hold a substantial risk in work, but not work related? I believe I hold risk in both. Is it worth appealing. Thank you 

Comments

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    Only you can decide what you want to do because you are the only person that knows exactly how your conditions affect you. Other than substantial risk, have you looked at the descriptors for LCWRA? You can see them here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity are there any other descriptors you think may apply? You only need one to apply.

    If you do decide to challenge it then you will need to put that request in writing (or through your journal, if you have access to one) stating why you think you should have been found to have LCWRA. You have 1 month from the date of the decision to request this.

  • Lianne8
    Lianne8 Community member Posts: 4 Listener
    Hi Poppy, thank you for your reply. I have looked at the descriptors and can see that I do meet 2 of the descriptors. I will be requesting an appea. What are the chances of this being overturned if appealed? Thank you 
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    edited July 2023
    The first step to appeal is the Mandatory Reconsideration. (MR) The current stats for this up until April 2023 for ESA (not sure if this includes UC) is 52% of those that were placed into the LCW group won at this stage and had their award revised to LCWRA.

    More chance at Tribunal.
  • Lianne8
    Lianne8 Community member Posts: 4 Listener
    I shall update once I have have heard back from the MR decision. Thank you for your help today. 

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